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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant is an operator of Daegu Suwon-gu B (State)C located therein.
On April 29, 2012, the Defendant stated that “The Defendant would complete the assembly-type 2 (21 square meters) construction work on the 40th day of June 30, 2012 on the 40th day of the week” to the victim’s house in the Dong of the victims D (Seoul metropolitan area) located in the Gyeongbuk-gun, Gyeongbuk-gun, by stating that “The Defendant would complete the above assembly-type 21 square meters.”
However, the defendant had no intention or ability to newly construct the victim's house within two months, even if he/she receives the construction cost from the victim due to the shortage of funds, such as using more than 40 million won out of the cost of construction for the defendant company as funds for operation and personnel expenses of the defendant company.
Nevertheless, the Defendant, by deceiving the victim as above, received 7 million won as down payment from the victim on April 30, 2012, 14 million won as intermediate payment on May 8, 2012, 35 million won as of May 11, 2012, and 5 million won as of July 11, 2012, and acquired 61 million won as of July 11, 2012 from the victim to the Daegu Bank under the name of the Defendant.
2. On September 18, 2012, when the Defendant: (a) entered into a new house construction contract with the above Defendant Company’s office and received a demand for construction from the E who paid part of the purchase price, the Defendant would sell the Defendant’s forest and land and prepare construction funds to resume construction; (b) “forest sales contract; (c) address: F of the Gyeong-gun, Gyeong-gun, Gyeong-do; (d) the owner G purchased part of the real estate price of KRW 320,000 from May 22, 1997 and sold the real estate to A for the purpose of exercising the construction by means of a computer for the purpose of carrying out the sale of the land and land owned by the Defendant, regardless of the existence of the forest and land owned by the Defendant; and (d) purchased and sold the land and then sold the land (excluding taxes deduction); and (e) paid 300,000 won in advance to A: G, address, address, and address of Gu residents; and (e) No. 1330: G/M building and city.