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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is the owner of the building B in Si interest.
On October 4, 2010, the Defendant: (a) around October 4, 2010, to the victim D, who is the de facto operator of the Telecommunications Corporation C, a corporation that is an Indian Corporation, from No. 801 of the above B building, “A medical care hospital is scheduled to be established in the B building owned by the Defendant; (b) In the event that the interior of the building B from C to the convalescent hospital is changed into the convalescent hospital, the Defendant would pay KRW 950 million as the cost of the construction thereof. However, in the event that the Defendant received KRW 150 million from E, a corporation that entered into the Indiana Construction Contract, first of all, KRW 30 million,00,000 from E, it is possible for C to return the said money to B; and (c) return KRW 150,000,000,0000,000,000 prepared at another place, to E; and (c) return the price of the building C to 100 million won.”
However, the fact is that the defendant's money to be returned to E was only KRW 30 million, and even if the defendant received KRW 100 million from the victim as a refund for E, the defendant was planned to use the money to repay his/her obligations, such as lending interest, payment of card payment, etc., and at the time, the defendant did not pay the sum of KRW 839 million to F and G, and the above creditors were scheduled to provisionally seize the building B and carry out compulsory auction procedures, so the defendant did not have any intent or ability to pay the construction cost after having the victim normally carry out construction work on the basis of the authorization of the building above.
The Defendant received KRW 100,000,000 from the victim’s agricultural bank account in his/her name on October 5, 2010, KRW 20 million on October 7, 2010, and KRW 30,000,000 on October 15, 201.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D and H;
1. D. D.