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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
Around March 4, 2008, the Defendant first sent a letter to the victim C through a meeting of persons held at the Dolsan-dong hotel located in Ulsan-gu, Ulsan-gu, Busan-do, and then then he purchased the land purchase price of KRW 26 billion and the new site for the film.” The Defendant: (a) voluntarily presented a letter to the victim C, which was called “D, is promoting a film theater implementation project; (b) was investing KRW 60 billion in Livenman, an investment company, with the purchase price of the land; and (c) purchased the entire site for the film theater,” and (d) acted as if he had re
1. Around September 25, 2008, the fraud Defendant stated that “If the film theater implementation project promoted by the Defendant was carried out by the Defendant at the office of the victim C above the third floor of the building of Ulsan-gu E-gu, Ulsan-gu, Seoul Special Metropolitan City, the Defendant would make a false statement that “if the film theater implementation project, which is being carried out, prevents the reduction of money from the Investment Company, due to the financial crisis, it would make a repayment of KRW 100 million to the Investment Company’s office, the Defendant would make a repayment of money from the Investment Company.”
However, at the time, the defendant did not have any intention or ability to pay the money properly even if he borrowed money from the victim because there is no property specially owned by the defendant in bad faith.
Around September 27, 2008, the Defendant received the delivery of KRW 10 million (3.6 million in cash, and KRW 6.4 million in cash) from the above victim, and received the delivery of KRW 128.8 million in total over six times from around that time to April 6, 2009, as shown in the separate list of crimes.
Accordingly, the defendant deceivings the above victim, and obtained money from the victim, and acquired it by fraud.
2. From April to May 2009, the Defendant established a comprehensive construction company with respect to the G creation work located in Ulsan-gun F in Ulsan-gun, and thus, the Defendant established a comprehensive construction company with approximately KRW 5.5 billion in profits to the victim C. The Defendant would operate the company if it provides funds for the establishment of the corporation and operation of the company.