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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
On November 21, 2014, the defendant was thought to use most of the construction cost as the defendant's personal debt repayment, other construction site cost, etc., even if he did not have a construction business license, he did not have a construction business license, and did not have a comprehensive housing construction experience, and even if he received construction cost from the victim D due to the lack of comprehensive housing construction experience.
Nevertheless, the Defendant, while hiding this, concluded a construction contract with the victim to build a single house on the first floor E in Jeju City, the Defendant had been engaged in the construction business for up to eight years, and the name of the company was interimly changed due to taxes.
At present, the building business is being registered as ‘F'.
The construction is currently being in progress, and Jeju is expected to be constructed as a loan to G, and is not suitable to open materials and materials.
When entering into a contract for a housing construction project, the construction project would complete the housing within the prescribed period.
Accordingly, the Defendant, from November 25, 2014 to April 18, 2015, received a total of KRW 210 million from the time he/she received a remittance of KRW 60 million as the price for construction on or after November 25, 2014 from the damaged party, and acquired it by obtaining a delivery of KRW 21 million.
Summary of Evidence
1. A protocol concerning the examination of the suspect of the accused;
1. Each police statement made to D or H;
1. Standard contract for construction works, and standard terms and conditions for construction works;
1. A copy of a passbook and details of transactions by account;
1. The construction site photographs suspended;
1. Each letter;
1. Each investigation report (related to the details of use of construction amount, arranging the details of deposits from a suspect's account, arranging deposits from a suspect's account, arranging the details of cash withdrawals from a suspect's account, hearing of witness I's statements, and hearing of witness J's statements);
1. The amount obtained by defraudation (21 billion won) of the reason for sentencing (the choice of imprisonment) under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning the relevant criminal facts, and the defendant actually used for the housing construction of the victim;
The amount claimed (8.0).