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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
Defendant
A was planned to construct a G apartment on the 14th parcel of land, E, the representative director of the company E, which is located in Daejeon Seo-gu Daejeon building No. 2013, and had been neglected without any construction for several years due to the lack of funds. Defendant H is a person who has invested part of the money in relation to the above apartment construction.
Defendant
H around December 25, 201, the victim C’s “J restaurant” in the victim’s “J restaurant,” located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Cheongbuk-gun, would be able to see the victim’s benefits of KRW 3-40 billion because there are about 300 persons when operating the brin restaurant. The deposit amount of KRW 30 million would be KRW 40 million in the main place. Defendant A presented the victim’s outlines of the above apartment complex’s business that was created before her search at the above J restaurant on the 28th day of the same month, and Defendant A concluded a contract with the victim to operate the brine without a large number of 300 million persons.”
However, the fact that the above G apartment is insufficient and has been left alone without any construction work since 2007, and from August 2010, there was no intention or ability to allow the victim to operate the restaurant even if he receives money from the victim, such as there was no construction plan to be destroyed and no construction work is scheduled.
As such, the Defendants deceiving the victim and concluded an operation agreement with the victim as above, and accordingly, received KRW 10 million from the 28th day of the same month to the agricultural bank account in the name of the Co., Ltd., and KRW 20 million from the 30th day of the same month as the down payment.