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Defendant
A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. On January 19, 2018, the Defendants conspired with each other to make a false statement to the victim C at a coffee shop where it is impossible to know the trade name in the previous south case.
However, even if the Defendants received money from the victim, they did not intend to use the money as construction cost. The above reclamation work did not run, and even if they borrowed the money from the victim, they did not have any intent or ability to complete the payment.
Nevertheless, the Defendants received KRW 10 million from the victim to the E-association account in the name of Defendant B.
As a result, the Defendants conspired to attract the victim to receive the goods.
2. On November 2017, Defendant A made a false statement to the victim C at the G office operated by the Defendant, who is in the Jinsung-gun F, Gosung-gun, G, that “When the expenses necessary for performing reclamation works in D are paid for the said construction works, the Defendant would make blasting construction works equivalent to KRW 400 per cubic meter of the construction area.”
However, even if the Defendant received money from the victim, the Defendant did not intend to use the money for construction costs on the premise that it will be used as living expenses, personal debt repayment, and fine payment, and there was no intention to use it, and even if he borrowed the money from the victim, he did not have the intention or ability to repay it.
Nevertheless, around November 22, 2017, the Defendant received KRW 200,000 from the victim to the account under H’s name used by the Defendant for construction expenses, including the transfer of KRW 200,000 from the victim to February 5, 2018, totaling KRW 19,428,920, including the transfer of KRW 10,00 from around that time to February 5, 2018.
Accordingly, the defendant was given property by deceiving the victim.
The evidence duly adopted and examined by this Court.