A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 29, 2012, the Defendant did not pay the victim C to perform the construction work for the removal of the factory at the school site in Busan-gu, Busan-do.

The loan of KRW 30 million shall be used as the business fund, and it shall be repaid three months after the loan.

“.....”

However, around that time, the Defendant had a financial institution with approximately KRW 30 million debt, and there was approximately KRW 10 million debt among the construction works of the new building in Kimhae-si, and had not been paid to material business operators, etc., and even if the Defendant borrowed money from the damaged party due to the failure to receive the construction cost of the above D building from the owner, he did not have any intent or ability to make a change within three months.

The Defendant was paid KRW 29,500,000 to the deposit account in the name of Busan Bank in the name of E on the same day by deceiving the victim as above, and received KRW 500,000 in cash from the damaged party on October 30, 2012 from G road located in Kimhae-si F on the same day.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a detailed statement of transactions, a fair deed, and a statement of transaction performance;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, and Article 347(1) of the Criminal Act on the selection of punishment [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (from June to January 1, 6) [the person subject to special sentencing] [the sentence] [the defendant shall obtain by deception KRW 30 million from the victim so far, and the defendant shall not receive a letter from the victim so far, and it is inevitable to sentence sentence since the crime is considerably poor, such as escape after the date on which the judgment was sentenced, and thus, the crime is extremely poor.

The above-mentioned circumstances shall be sentenced to the same punishment as the Disposition in consideration of all the circumstances, such as the criminal records and relationship after the crime.

It is so decided as per Disposition for the above reasons.