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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On June 26, 2015, the Defendant entered into a contract with the victim on November 15, 2015, 30 million won on the scheduled date of completion, with respect to the Defendant’s detached housing construction work in Seo-gu Incheon, Incheon, which is the owner of the victim C’s children, for the construction work of KRW 150 million, KRW 100 million on the date of completion, KRW 20 million on the primary base amount, KRW 10 million on the secondary base amount, KRW 150 million on the third base amount, KRW 50 million on the fourth base amount, KRW 50 million on the five base amount, KRW 30 million on the five base amount, KRW 463 million on the total construction cost, KRW 463 million,000,000 on the construction cost from June 26, 2015, and continues to perform some construction work, such as the structural construction work, etc.
8. Until September 19, 199, a total of KRW 190 million was paid as down payment and gold.
The Defendant used the considerable portion of the construction cost received from the injured party as futures, options investment and living expenses, and money for repayment of existing debts, and had no specific property and had the intent or ability to carry out the construction work, but had no intention or capacity to pay the construction cost to the injured party more, and had the intent to acquire the construction cost by deception by fraud.
On September 4, 2015, the Defendant, at a place where it is impossible to know the place of early police officers, concluded that “the construction cost shall be deposited to the Defendant for construction work.” The Defendant was transferred KRW 50 million to the Defendant’s corporate bank account in the name of the Defendant through the Defendant’s corporate bank account in the name of the victim’s wife E on September 4, 2015.
In addition, from September 4, 2015 to November 19 of the same year, the Defendant obtained a total of KRW 217 million from the damaged person as the contract price stated in the attached list of crimes from around September 4, 2015, and acquired it by deception.
Summary of Evidence
1. Each legal statement of witness C, F and G;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement by the police in relation to C and G;
1. Contract;
1. Written estimate;
1. Details of transfer of construction cost;
1. On-site photographs;
1. A trading statement;
1. A trade statement remitted under H’s name;
1. A statement of transactions remitted to an account in the name of the person under consideration;
1. A statement of transactions remitted to his/her husband and wife;