A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2015 Highest 2579] On March 30, 2015, the Defendant called “C” to the victim D who operates the “C” at the Namyang-si, Namyang-si, and paid KRW 690,000 for the price if the five even a door entering the apartment construction is delivered.”

However, at the time, the Defendant, at the time, was liable for a total amount of KRW 94.6 million, including the amount of KRW 51 million and the amount of KRW 43.6 million payable for the loan, and the Defendant was not paid a total of KRW 21.67 million and filed a complaint and accusation due to fraud and violation of the Labor Standards Act, as well as the fact that a fine of KRW 3.9 million was unpaid, and thus, the Defendant did not have any intent or ability to repay the said material price.

On April 1, 2015, the Defendant received from the victim the above materials equivalent to KRW 690,000 from the victim’s “C” delivery staff in front of the E Apartment 301, Dong-si, Jung-si, the Government around 13:00.

Accordingly, the defendant was given property by deceiving the victim.

[2015 Highest 2872]

1. Around October 2009, the Defendant: (a) stated that the victim F, operated by the victim FF in Seocho-gu Seoul Metropolitan Government, said that “A studio is newly built on the frontbuk-ju, and the regulation is alleviated, thereby satisfying the new conditions; (b) the Defendant purchased land on the front week and newly constructing a studio.”

However, even if the defendant receives money from the victim, he did not intend to use it for the construction of the above studio and did not have the intention or ability to construct the studio normally.

As such, the Defendant, by deceiving the victim on December 8, 2009, received KRW 5,30,000 from the victim on or around December 30, 2009, KRW 3,000,000 on December 30, 2009, KRW 300,000 on January 5, 2010, KRW 17,000,000 on April 30, 2010, and KRW 43,60,000 on the aggregate of KRW 18,00,00 on May 18, 2010 for the purchase cost of studio-Newly-built materials.

Accordingly, the defendant was given property by deceiving the victim.

2. The criminal defendant against the victim I on October 2008.