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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, on April 7, 2015, committed a fraud of KRW 38,005,000, the construction cost of KRW 38,000,000, to the victim D at the construction site of the PPung-si, Seoul Mine-gu, Gwangju. The construction cost of the PPPP would be deposited immediately after the completion of the construction.
The construction cost that had been incurred before the construction work will be fully paid.
The phrase “ makes a false statement.”
However, at the time of fact, the Defendant did not have any specific property and did not have any intent or ability to pay the construction cost properly even if the Defendant did not have any property and used it as funds for another construction site due to the shortage of funds, etc.
As such, the Defendant: (a) by deceiving the victim from April 7, 2015 to May 13, 2015; (b) had the victim from damage; (c) had the victim paid KRW 7,539,00,000 from the Pedi Si room located in Gwangju Mine-gu; and (d) had the victim paid KRW 56,206,00 in total from April 7, 2015 to September 3, 2015; and (c) had the victim paid KRW 38,05,00,000 among them; and (d) acquired pecuniary benefits equivalent to the same amount.
2. On June 6, 2015, the Defendant was forced to deposit KRW 30 million with the victim D at a place where his/her address is unknown. The Defendant was forced to deposit KRW 30 million by phone to the victim D at a place where the address is unknown.
The lending of money shall be paid within four days at the latest.
The phrase “ makes a false statement.”
However, due to the above circumstances, the defendant did not have any intention or ability to pay the damages properly even if he borrowed money from the injured party.
The Defendant, by deceiving the victim as such, obtained the delivery of KRW 30 million to the Gwangju Bank account (F) in the name of E on the same day from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. The defendant;