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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. On November 16, 2009, the Defendant committed the crime against the victim C, on the 7th floor of the Gyeonggi-gu Seoul Special Metropolitan City D shop located in Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City on November 16, 2009, that “A foreign private teaching institute shall be established on the 7th floor, and if the interior removal work for the interior construction work for the interior, it shall be paid immediately after the completion of the removal work.” However, the Defendant did not have any intent or ability to pay the construction cost even if the victim completes the construction
The Defendant, by deceiving the victim as above, had the victim do construction work equivalent to KRW 59,400,000 from that time until November 30, 2009, and had the victim acquire property profits equivalent to the same amount due to the failure to pay the construction cost.
2. On January 27, 2010, the Defendant committed the crime against the victim E and the victim F made a false statement to the victim E and the victim F that “The English private teaching institute will be established on the 7th floor of D commercial building as a joint business with the G Foundation, and 50 million won will be paid for the down payment and the construction cost will be paid immediately in accordance with the construction progress rate, even if the Defendant did not have a joint business relationship with the G Foundation and the victims did not have any intent or ability to pay the down payment and the construction cost, as agreed upon, even if the work was performed by the victims.”
The Defendant, by deceiving the victims as above from February 12, 2010, had the victims E perform construction work equivalent to KRW 33,00,000 from that time until February 12, 2010, and had the victims F perform construction work equivalent to KRW 7,950,000, and had the victims F acquire property profits equivalent to the same amount due to the failure to pay each of the construction cost.
Summary of Evidence
1. Defendant's legal statement;
1. The protocol concerning the interrogation of the accused by the prosecution;