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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On April 15, 2013, the Defendant made an implementation plan for the production facilities of Incheon Seo-gu E created by the Urban Development Corporation and the neighboring sulfur facilities to victims D in Incheon Seo-gu, Incheon.
The subscription amount of KRW 500 million is deposited, and investors also have 1.5 billion won.
When the enforcement is conducted, the amount of KRW 80,000 shall be changed to the deposit money for the sale of the thesis to reduce the service for the sale of the unit."
However, in order to provide the service for sale by proxy, the land site should be secured and buildings should be secured, in order to secure the above project site, the permission to use the land should be obtained, and in order to obtain the consent to use the above land, the amount of KRW 1,04,00,000,000, which is 10% of the price of the land should be prepaid. The defendant has already been in bad credit due to a debt exceeding KRW 20,000,000,000 or more, and the company's operation has not been properly capable of preparing the above advance payment,
Nevertheless, on June 18, 2013, the defendant deceivings the victim as above and was delivered KRW 80 million to the defendant's F legal account from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D, G, and H;
1. Application of Acts and subordinate statutes on the report of investigation;
1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, the reason for sentencing of imprisonment with prison labor, the background of the instant crime, the details of deception, and the amount of damage, etc. are more severe.
The Defendant, prior to the instant case, may fully success in the instant case, even if he/she received the consent to land use even with an advance payment that does not exceed 10% by another company.
Although there is a change in the act as an act, it seems to have been known that 10% of the total amount of land should be paid in full as the prepayment according to the principle in the case of receiving money from the damaged person.
The recovery of damage to the victim.