Text
A defendant shall be punished by imprisonment for one year.
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. On March 21, 2011, the Defendant entered into an agreement with the victim G to purchase the land located in the Ha in the Cheongbuk-gun, Chungcheongnam-si, U.S., and sought to perform civil engineering works.
The purport was that the payment of construction cost of KRW 200,000 is required, and the loan of KRW 200,000,000 is made by May 20, 201, and that if a bank loan occurs after the completion of the basic construction work, it would be made even before May 20, 201.
However, even if the Defendant borrowed money from the injured party without any particular property, the Defendant did not have the intent or ability to repay the money until May 20, 201, and even if he/she received a loan from a financial institution as collateral, he/she did not have any intent or ability to repay the money even if he/she borrowed money from the injured party, since he/she thought to use it in another place.
The Defendant received 185,00,000 won from the injured party on the same day as the borrowed money.
The defendant was granted property by deceiving the victim.
2. On August 19, 2013, the Defendant purchased a victim K’s land in Sejong-si L/M at a reasonable time in Cheongju-si, Cheongju-si, and sold 700 square meters out of the above land to 35,000,000 won and transferred the registration by October 30, 2013.
“The purpose of “ was to make a false representation.”
However, in fact, the defendant purchased the above land and paid down payment only. Even if he received money from the injured party as the purchase price for the above land, he did not intend to transfer the registration to the injured party by October 30, 2013, since he thought that he would have exceeded the status of purchaser for the above land to another person before October 30, 2013.
The Defendant received 10,00,000 won as part of the down payment and intermediate payment of the said land from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
§ 1. Facts
1. Statement by the defendant in court;
1. The third prosecutor's office against the defendant;