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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
1. Around November 30, 2010, the Defendant against the victim C showed a receipt of a down payment of KRW 500 million to the victim C at the office of the Defendant of 7th floor of the Yeongdeungpo-gu Seoul Metropolitan Government DD Building, and said, “I would have the victim purchase F’s real estate located in Yangcheon-gu Seoul Metropolitan Government. I would have the victim conduct on-site construction in the way of an internship if I would support the necessary expenses for the construction cost of KRW 13 billion in total construction cost of the 4th underground and 15th floor above the real estate.”
However, the Defendant did not purchase the above F’s real estate, and only the above receipt was made in the form of a contract with a view to causing project financing loans, and the actual contract deposit was not paid, and the above receipt was not made in the form of a false contract, and the contract was entered into on November 8, 2010 for the transfer of the above business license to a third party on or around November 11, 201, and the contract was cancelled on or around January 11, 201, the Defendant did not have the intent or ability to subcontract the above construction to the victim even if the Defendant received expenses, etc. from the victim.
Nevertheless, the Defendant had shown that he would have given a subcontract for expenses to the victim, and had the victim pay KRW 40,95,000 from June 3, 201 to April 11, 2012, and paid KRW 12,000,000 from September 1, 201 to December 9, 201 of the same year, and had the victim pay KRW 18,50,000 from April 1, 201 to May 1, 201 to pay KRW 18,50,000 for office rent and management expenses, and had the victim pay KRW 18,50,000 from June 20, 201 to February 1, 2012 to pay KRW 35,505,00 for property gains.
In this way, the defendant acquired a total of 106,550,300 won.
2. The criminal defendant against the victim G is the victim G at the office of the above defendant on April 201, when he/she fell below the lower court.