beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On July 27, 2013, the Defendant made a false statement to the effect that “The Defendant constructed 2,450 households of apartment houses in the Gangnam-gu Seoul Metropolitan Government D D D, and would allow the victim to operate the brine restaurant at that place. In this context, the Defendant changed the number of KRW 1,50,000 if he/she allows the party to operate the brine restaurant to the party.”
However, in fact, the above D Apartment Construction Project was not in progress by the defendant, and E, the executor of the above project, was under the legal management around that time, and there was no money at that time, and the defendant received money from the victim and had the idea to consume it under the pretext of living expenses, etc. Therefore, even if the money was received from the victim as the name of operating expenses of the brin restaurant, there was no intention or ability to allow the victim to operate it.
As above, the defendant deceivings the victim as above, and 5 million won was received from the victim as down payment from the victim, namely, in the name of down payment, from the bank account in the name of the defendant.
2. On August 2, 2013, at a place where the location is unknown, the Defendant: (a) made a false statement that “it would be used for a public official’s use as a rain fund in connection with the foregoing D business,” and (b) obtained from the victim a KRW 10 million from the said bank account; and (c) obtained the victim with the said bank account.
3. On August 13, 2013, the Defendant did not have any money in fact at a place where it is impossible to identify the place, and even if he received money from the victim, he did not have the intent or ability to pay it. However, the Defendant’s right to enter the Republic of Korea is also a right to depart from the Republic of Korea where a dynamics in the body of a punishment depart from the Republic of Korea.