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A defendant shall be punished by imprisonment for not less than five months.
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
The Defendant was a person who tried to take over the “E” located in Ansan-si D Building 204.
On December 2, 2010, the Defendant stated, by telephone, that “I will receive lux from the injured party, to supply I to G,” and that “I will pay KRW 200,000,000,000,000 for the instant land,” and that “I will pay KRW 44,432,220,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”
Accordingly, the victim believed this, and delivered 10 tons of Stains to G on the 13th of the same month.
However, in fact, the Defendant received KRW 47 million from G on the day following the above Stain supply, but did not pay it to the victim and did not have any economic ability to pay the balance to the victim. ② The right to collateral security on the land of this case was under the condition to terminate the contract deposit if the payment of the down payment is not made within 10 days from the time of the establishment of the right to collateral security on the land of this case, but the Defendant did not have the ability to pay the remainder even if he was supplied with the above 14,432,220 won from the injured party, such as the termination of the right to collateral security at the time of this case.
As a result, the Defendant, by deceiving the victim, was issued a 24,432,220 won worth by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made by the J and F of the protocol concerning the examination of the accused by the prosecution;
1. Statement made by the prosecution to K;
1. Application of statutes governing certified copies of real estate registers;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;