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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
1. The fraud defendant around January 2008, at the “E cafeteria” located in Gangdong-gu Seoul Metropolitan Government, the victim F is the owner of “G” and “G” and “H and two parcels of land in Nam-gu, Nam-do, Nam-gu, Nam-do, and the G is a plan to substitute the land and build two new houses on the land.
After setting up a house and selling the house, profits may be earned more than 1 billion won, and when the house is sold as security even if it is not sold, the principal and profits may be repaid in full, as the house can be repaid in full," and after making a false statement to the victim, “I cannot use an account under the name of a person with bad credit standing in the house,” which means that “I will return all the principal and profits and the cards after the completion of the construction work,” and the victim cannot use the account under the name of a person with bad credit standing in the bank. In this case, I would like to open one account to B, and deposit the amount of KRW 200 million with the said account.”
However, in fact, the Defendant was planning to construct only one unit of housing on the above land, and even if he received the construction cost from the injured party and received the proceeds from G, he thought that only a part of the borrowed money would be paid to the injured party and used for the remaining personal purpose, so even if he borrowed money from the injured party, he did not have the intent or ability to pay the principal to the injured party.
Nevertheless, on January 29, 2008, the Defendant received 3,200,000 won from the victim’s husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband, and received her 3,200,000 won from the above account, and received delivery from September 15, 2009, from that time to September 15, 2009.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant, on October 16, 2008, newly constructed the private document as described in paragraph (1) around October 16, 2008, and, on October 31, 2008, from around February 9, 2009 to around February 1, 2009, received 295,000,000 won from G, the owner of the said private document, as a gold for settlement. However, the Defendant was paid to the said F.