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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of the corporation B, and C is the owner of the second floor detached house constructed on the D site 218 square meters in Yangju-si, Yangju-si.
Around December 25, 2017, the Defendant: (a) received from the victim H, a manager of G Co., Ltd., “Fran shop” on the first floor, the Defendant: (b) received the payment of KRW 3,50,000,000 from the Plaintiff that “I would not have ordered the construction of the first president to remove the two-story detached house in Gyeonggi-si; and (c) would not have received the return of money; and (d) delegated the Defendant with the work of newly constructing the first floor and the eight-story complex building on the ground that “I would have paid KRW 3,50,000 to I to have the construction of the two-story apartment building on the first floor in Sungnam-si; and (e) would have paid KRW 3.5 million to I to have the construction of the main apartment building on the first floor in the first floor in the second floor in the second floor in the second floor in the middle of the Gyeonggi-si; and (b) would have received the authorization and permission and the construction of the eight-story building.”
However, in fact, the Defendant did not pay the debt amount of KRW 50 million without any particular property at the time and did not pay the 333 million aid design office, so even if she borrowed money from the victim, the Defendant did not have any intention or ability to start the construction after 3-4 months after obtaining a building permit. Since the Defendant was thought to use the money borrowed from the victim as the payment of the Defendant’s vehicle, interest on the loan, etc., the Defendant did not have any ability or intent to pay the borrowed money to the victim.
Nevertheless, on January 18, 2018, the Defendant: (a) by deceiving the victim as above; (b) received delivery of KRW 5 million from the bank account under the name of the Defendant; (c) KRW 5 million on January 31, 2018; and (d) KRW 6.5 million on February 6, 2018; and (c) KRW 16.5 million in total from the bank account under the name of the Defendant.
Summary of Evidence
1. The defendant;