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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 2016, the Defendant committed the crime at the end of August 2016, the Defendant suspended the victim D from setting up a building on the ground located in the permanent residence, at the coffee shop in front of C at the end of August 2016.
Although the land value has been compensated, the construction cost is compensated by the permanent residence when settlement should be settled after appraisal.
It shall be repaid until December 30, 2016, on the loan of KRW 15 million necessary for appraisal.
“The purpose of “ was to make a false representation.”
However, the Defendant did not have the land at the time as permanent residence, and did not think of the disbursement of the loan with the appraisal cost, and there was no other money owned by the Defendant, and there was no other means to pay money even if he borrowed money from the injured party due to the absence of any other means to pay money.
On September 2, 2016, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 15 million to the E bank account (number F) in the name of the Defendant on September 2, 2016.
2. On November 201, 2016, the Defendant committed a crime at the H construction site located in Chungcheongnamcheon-gun G, Chungcheongnamcheon-gun on November 2, 2016, and the victim D did not transfer the fees for attorney fees for the case on compensation for the underground value to be received.
Along with a loan of 2.5 million won for the appointment of an attorney-at-law, a full payment shall be made until December 30, 2016, along with a loan of 15 million won.
“The purpose of “ was to make a false representation.”
However, in fact, the Defendant did not have a compensation case pending at the time, and was thought to use the said money as a fee for a criminal case attorney rather than a fee for the attorney-at-law in the case of compensation, and there was no money other than 40 million won and there was no other money held, and even if there was no way to prepare money even after the agreed due date for payment, there was no intention or ability to repay the money from the victims.
On November 3, 2016, the Defendant, by deceiving the victim and deceiving the victim, was KRW 2.5 million from the E bank account (F) in the name of the Defendant.