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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative of C Co., Ltd. with the purpose of building execution, real estate consulting, etc., and the victim D is the representative of E Co., Ltd. for the purpose of sales agency.
From January 2015 to the point of container office, etc. located near Suwon-si from time to time, the Defendant expressed that “the Defendant is trying to build and sell an urban-type residential house on the land outside F in Suwon-si and six stories underground and above the 15th floor, and C is its executor.” On May 22, 2015, the Defendant borrowed only KRW 80 million to the victim because he/she had no money to enter into the present model housing contract. Accordingly, upon completion of the construction, the Defendant would have the right to sell the urban-type residential house near G Station implemented by C, and upon completion of the construction, he/she would have paid KRW 80 million until July 22, 2015.”
However, even if the Defendant received money from the victim, he did not intend to use the money as a personal living cost, and did not intend to use it as a model down payment. At the time, the Defendant did not have the status to grant the right to sell the money to the victim because the Defendant was not a stock company C, not a stock company. At the time, the Defendant did not have any intention or ability to pay the money even if he borrowed approximately KRW 80 million from the Defendant, because he was liable for a debt equivalent to KRW 3 billion without any special property or income.
The Defendant received a total of KRW 80 million from the victim through the bank account (Account Number I), a corporate passbook, from May 6, 2015 to August of the same month.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to J police officers;
1. A contract for the service of parcelling-out as an agent;