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The punishment of the accused shall be determined by two years of imprisonment.
Reasons
Punishment of the crime
1. The victim B (the aged 50) Defendant, along with C, tried to establish a G hospital for the purpose of remodeling construction after the Defendant took over the F hotel building in the south-gu in Gwangju, Seo-gu, Gwangju, in May 2009, the victim B (the aged 50) at the E coffee shop, stating that “The Defendant will take office as the president, and C will take office as the management director. Upon opening a hospital, the hospital will lease the restaurant restaurant at a hospital amounting to KRW 150 million. The cost of sending the lessees located in the F hotel and the design service cost, etc. need to be changed.”
However, the Defendant did not have any authority in relation to the F hotel building in the Nam-gu Seoul metropolitan area, and did not have any ability to take over the F hotel building or to establish a hospital due to the lack of property owned by the Defendant.
The Defendant, in collusion with C, by deceiving the victim as above, received KRW 30 million from the J Hospital located in Seo-gu, Seo-gu, Gwangju, in collusion with C, from around July 3, 2009, and acquired KRW 43,50,000 from that time to July 3, 2009.
2. On August 17, 2009, the Defendant stated that “A victim would have the right to remove the F hotel building at the coffee shop of the Seo-gu L Building, Seo-gu, Gwangju, that “I will grant the right to remove the F hotel building, but will lend KRW 10 million to the victim.”
However, in fact, the Defendant did not have any authority over the above F Hotel building and did not plan to remove the F Hotel at the time. On the other hand, on the other hand, the property owned by the Defendant was bad credit due to the bad credit excess of the total debt, and therefore, the Defendant did not have the intent or ability to pay the removal construction right or the borrowed money to the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim in the same place and acquired it by deception.
3. The Defendant (the 46-year-old Defendant) is N in the Masung-gun around June 8, 2010.