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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant knew that it was difficult for the Defendant to proceed with the development project in D and E (hereinafter “F-land”) at the time of the Victim C to obtain money by deceiving the Victim under the pretext of purchasing the instant F-land together with the joint Defendant G and conducting the construction work.
Around November 16, 2015, the Defendant and G concluded a contract with the victim to purchase the instant Fri-land in KRW 700 million, and concluded a contract with the victim on December 22, 2015 to increase the purchase price of the instant Fri-land in KRW 800 million, the Defendant and G falsely stated that “Around December 22, 2015, the victim would be able to pay a large amount of profits if he/she sold the Fri-land after installing a pent, pay a balance of profits remaining after selling the Fri-land, and pay the money in full.”
However, even if the pented Fri land was completed, it was difficult for the Defendant and G to cover the balance of the purchase and sale due to the value of the instant Fri land. Since the Defendant and G intended to use the said money for other purposes, such as the construction cost, living cost, etc. in another construction site where G had been conducted with the said money, the Defendant and G had no intent or ability to pay the balance of the instant Fri land by selling it normally after completing the construction work on the instant Fri land.
In collusion with the Defendant and G, the said day by deceiving the victim, thereby acquiring money or acquiring pecuniary profits through three times from the time until March 18, 2016 from that time, as shown in the list of crimes in the attached Form, including: (a) deceiving the victim; (b) acquiring KRW 20 million from the above H’s account in the name of H around December 23, 2015; and (c) acquiring KRW 5 million from the Defendant’s account in the name of the Defendant; and (b) acquiring money from March 18, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. The portion of the statement made by C by the witness in the fifth public trial protocol;
1. Part of the statements made by witnesses I and J in the sixth public trial records;
1.Each.