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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of the facts charged in this case
A. On March 19, 2012, the Defendant: (a) sought the Victim C residing in Seoul, from time to time in early 2012, and proposed that the project was defective; and (b) made a false statement stating, “I need to pay money to establish and operate a small father and a construction company. I wish to send money.”
However, even if the defendant received money from the victim, the defendant did not intend to establish and operate a construction company because he/she had the intent to use it as living expenses or as repayment of debts or business funds by remitting it to the account under the name of the defendant's wife D.
The Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account in the name of the Defendant on March 19, 2012, KRW 5 million on March 22, 2012, KRW 30 million on March 28, 2012, and KRW 1,1140,00 won on March 29, 2012, and KRW 1,1140,000 from the victim to the Agricultural Cooperative Account in the name of D on March 29, 2012.
Accordingly, the defendant was given property by deceiving the victim.
B. Around April 30, 2012, the Defendant, as the purchase price for landscaping licenses, made a false statement on F apartment in which the victim C resides in Incheon City, stating, “I can conduct landscaping projects in the construction site with a large construction site if I have a landscape license and bring about a lot of profits. Pro-Japanese H has a license for landscaping and can live in if I want to live in the area of 78 million won. I sent the purchase price for landscaping licenses to H account.”
However, in fact, the Defendant did not have any intent or ability to purchase landscaping licenses because the victim transferred money to H’s account, the Defendant repaid the debt borrowed from H with such money, and returned the remainder to H and used it as living expenses, business funds, etc.
The Defendant received 60 million won in total from the victim on April 30, 2012, and 20 million won on May 20, 2012.