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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 1313]
1. On April 19, 2013, the criminal defendant against the victim C calls the victim C to purchase the land on the sea, “A person has to purchase the land on the ground in the sea,” and when he moves the land to the purchaser, he/she may benefit from approximately KRW 2 million to KRW 4 million, and when he/she moves the land to the purchaser, he/she may benefit from the purchase and sale at approximately KRW 200,000,000,000,000.”
However, in fact, the defendant introduced the above land to E, the owner of the above land, and did not have intended to purchase the above land directly. Since the defendant intended to pay the individual debt amounting to KRW 10 million, even if he received KRW 10 million from the victim, he did not resell the above land and grant profits to the victim, or did not have the intent or ability to pay the principal to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million on the same day from the victim and acquired it by deception.
[2015 Highest97]
2. On July 201, the Defendant committed the crime against Victim F with the victim F, who was operated by the victim F in the H driving range office of the H driving range operated by the victim F in the G in the Hapo-si, G, the Defendant falsely stated that the Defendant would have repaid KRW 40 million to the victim KRW 30 million after the three-month period if the land purchase fund is insufficient.
However, the defendant did not have any intent or ability to repay money within three months even if he/she borrowed money from the victim, such as having a debt equivalent to KRW 200 million, at the time of borrowing money from the victim.
Around July 15, 2011, the Defendant acquired 30 million won from the victim to the Gwangju bank account of the Defendant with the name of the borrowed money.
Summary of Evidence
【Fact 1, 2014 Highest 1313】
1. Defendant's legal statement;
1. Statement to C by the police;
1. Investigation report (to hear reports on the Eline statement of witnesses) (the fact of No. 2 at the time of printing, the order of 2015, the order of 97).