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A defendant shall be punished by imprisonment for not more than ten months.
The defendant pays to the applicant the amount of KRW 150,000,000,000,000.
Reasons
Punishment of the crime
[Criminal record] On November 12, 2014, the Defendant was sentenced to a suspended sentence of one year of imprisonment with labor for an indecent act by force at the Incheon District Court on November 12, 201 and the judgment became final and conclusive on November 20, 2014.
[Criminal facts] From June 201, the Defendant is the actual operator of H who was performing approximately KRW 700, 6th 25, and approximately KRW 2.1 billion construction costs, from around 201 to around 700, 6th 25, and 2.1 billion construction costs.
On November 25, 2011, the Defendant sold the amount of KRW 220 million to the victim B, which was the scheduled date of completion of the loan, from January 30, 2012 to December 30, 201, by selling the amount of KRW 150 million to the victim B, which was operated by the J in Seo-gu Incheon, Seo-gu, Incheon.
As a security, the victim said that the sum of the sales amount is KRW 220,000,000,000, and that each contract for the sale of lending L and M was prepared, entered into, and entered into with, the teachers, and transferred the ownership of lending L L and M when the payment was not made.
However, in fact, the construction rate of the above loan, which was commenced on June 3, 201, was about 35% as of November 201, and the construction completion of the four factories completed in Kimpo-N around June 201, was delayed and since it was difficult for the owner to normalize the construction work in a short period, the construction cost of about 1 billion won was not received from the owner. Thus, it is practically impossible to sell the above loan within 2-3 months as of January 30, 201 after completion of the loan, so even if it was borrowed from the damaged person, there was no intention or ability to complete the construction by changing the agreement on the date of borrowing, or transferring the ownership to the victim by lending L and M.
The Defendant, as such, by deceiving the victim, received KRW 150,000 from the damaged party, a delivery of KRW 150,000 to the same place.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness B and J;
1. The defendant;