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Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of five million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
"2014 Highest 1666"
1. On May 2, 2012, the Defendant: (a) purchased the land of this case at a mutual influent restaurant located in Heakdong-gu, Chungcheongnam-gu; (b) in fact, the Defendant did not operate the company D; and (c) made personal orders for construction work; and (d) on March 1, 2012, the Defendant agreed to purchase the land of this case at a price of KRW 390,000,000,000 from the former owner F to take over the obligation of loans secured by the said land without paying the purchase price; and (c) on June 11, 2012, the Defendant acquired the ownership of the said land at the expense; (d) the Defendant had no particular property or funds; and (d) had no intent or ability to sell the said land by newly constructing the land lending the land of this case to the victim G with the construction business that, at the expense of Cheongju-si, would be a person who will complete the construction project by constructing the land of this case from Cheongju-gu.
It is intended to sell the loan of 201 million won in the amount of KRW 135 million.
Since selling in lots at a container of KRW 5 million, it is sent 20 million as the first down payment.
In other words, the phrase “assumed” was false.
As such, the Defendant, by deceiving the victim, was transferred to an enterprise bank account in the name of the Defendant, KRW 20 million as the down payment on May 2, 2012 from the victim.
2. The Defendant, on June 9, 2012, called the victim G at the site of the J church New Construction Work in Daejeon-gu, Daejeon-gu, Daejeon-gu. The Defendant did not have any particular property or income at the time, and the Defendant commenced the New Construction Work of the J church in Daejeon-gu, Daejeon-gu, on the condition that he would receive construction cost on the basis of the expiration of each month from February 2, 2012, but even if it is unclear at any time whether he would not receive construction cost due to the failure of the first month and at any time receive payment from the injured party, he/she did not have an intent or ability to make timely reimbursement, notwithstanding the fact that he/she was unable to do so.