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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
On May 22, 2012, the Defendant stated that “Around May 2, 2012, the victim G, who was introduced through a person who is a one-person Flag president of Eunpyeong-gu, Seoul, through a construction executor, purchased KRW 125 million from I for a year before approximately one year, which is about KRW 1409 square meters; however, due to tax, etc., the change of the name is expected to be the time of sale. In order to construct the 2-dong 16 households of the 4th floor apartment house on the ground of this land, the Defendant would pay KRW 50,000 for the construction cost within 10 days after the completion of construction work, and pay the remainder of the construction cost after the completion of construction work.”
However, in fact, the Defendant was not only in a state where the purchase price was not fully paid to I, but also there was a clear situation as to whether the Plaintiff was able to receive an investment in the absence of an investor even though it was able to receive an investment by receiving an investment from investors or receiving a loan from the bank at the time, and the bank loan was uncertain, and even if the Defendant did not have any property owned by the Defendant and no particular income exists, the Defendant did not intend
As above, the Defendant: (a) by deceiving the victim; (b) had the victim enter the construction cost equivalent to KRW 243,790,000 into the construction cost; and (c) did not pay the said construction cost; and (b) obtained pecuniary benefits equivalent to the said amount from the victim on three occasions from that time to August 8, 2012; and (c) obtained pecuniary benefits equivalent to KRW 243,790,000 from the victim on three occasions as stated in the attached crime list from that time to August 8, 2012; and (d) obtained KRW 32,30,000 on the pretext of the loan, and acquired KRW 276,09
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses G and I's respective legal statements;
1. The prosecutor's statement concerning G;
1. Standard contract form for private construction works, a certified copy of the register, and a passbook;
1.Each investigation report.