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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[2018 Highest 4546]
1. On May 13, 2017, the Defendant: (a) drafted a “standard contract for private construction works” in the amount of KRW 130,000,000,000,000,000 for the commencement date of the construction project; and (b) entered into a construction license in the F; and (c) made a false statement to the effect that “F will enter into a contract under the name of F (State) and complete housing construction works,” which is equivalent to KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
However, the fact is that the Defendant was a bad credit holder at the time and did not have any particular property, and was not the F (State) director, and was not related to the F (State) and was charged with a criminal charge or charged with a failure to repay the total amount of 40,000,000 won, and was used by the victim as the construction cost received from the victim for other on-site construction costs, personal debt repayment, etc., there was no intention or ability to complete the said housing construction.
As above, the Defendant, by deceiving the victim and remitting the victim a total of KRW 140 million from the time on May 16, 2017 to July 12, 2017, from the time when he/she received the remittance of KRW 40 million for the purpose of construction payment from the victim, was transferred to the victim in total of KRW 140,000,000 from July 12, 2017.
Accordingly, the defendant was given property by deceiving the victim.
2. Around August 10, 2017, the Defendant concluded that the Defendant did not receive construction cost as described in the foregoing paragraph (1) at the office of the victim of the 2nd degree H, Daegu North-gu G building and the office of the victim of the 2nd degree H, and that the Defendant did not conclude the construction with the victim’s “if the construction cost was not commenced by using the construction cost at another construction site. If the Defendant borrowed KRW 12 million for the purchase of materials, the construction will end without fail.”
However, the defendant is a bad credit holder at the time and is particular.