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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 18, 2011, the Defendant was sentenced to two years of probation for the crime of unlawful use air defense, etc. at the Seoul Northern District Court, and the said judgment was finalized on the 26th of the same month. On December 7, 2012, the Incheon District Court sentenced two years of probation to eight months of imprisonment for breach of trust at the Incheon District Court, and the said judgment was finalized on the 15th of the same month. On May 8, 2013, the Seoul Southern Southern District Court sentenced two years of probation to ten months of imprisonment for breach of trust, and the said judgment became final and conclusive on the 16th of the same month.
D is the land owner in the Jung-gu Incheon Metropolitan City E and F, and the defendant and G are the substantial subjects of the construction and sale of 19 households on the above land, and the I is a technical director of the above project, who has been on-site management.
1. Around January 13, 2010, the defrauded made the victim C by means of a false statement that “Around January 13, 2010, the Defendant borrowed KRW 50 million from the current construction capital shortage, if I borrowed KRW 50 million after two months, and will pay KRW 20 million as interest.”
However, the fact was that the H Housing Corporation, in the process of the Defendant, planned to take a total amount of KRW 850 million for the purchase price of the land and KRW 2 billion for all other construction costs. However, since the Defendant had performed the said construction without any own capital due to the fact that it was in default of national taxes of approximately KRW 20 million with bad credit standing at the time, the Defendant was unable to procure the total amount of the construction price with loans or loans, and thus, there was no intention or ability to pay the principal or interest even if he/she borrowed money from the victim.
Nevertheless, the defendant is the national bank account (Account Number: K) of G in the name of the victim on the 15th day of the same month from the victim.