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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around July 8, 2009, the Defendant told the victim E to have the construction work executed by the Defendant in Daegu-gu Seoul-gu Seoul-gu Office that “If the Defendant ordered the construction work to be ordered to build a home plug construction work on the ground of the Daegu-gu SK apartment, the Defendant would have the victim execute the construction work on the part of the electrical construction. First of all, the Defendant would be able to loan the above construction work without the mold if there is no personnel expenses.”
However, the Defendant did not have participated in the construction of the above SK apartment home plug, and from November 2008, the creditors seized the obligation of the company at the time of the seizure of the creditors' claim for construction price, etc., the amount of KRW 150 million. The company did not have any specific income or property, as the promise, even if it did not receive money from the victim as the owner of the construction, and there was no intention or ability to allow the construction to pay the borrowed money as the promise, even if it did not receive money from the victim every month as the owner of the construction.
Accordingly, the Defendant, by deceiving the victim as such, received 20 million won from the victim to receive the money from the victim on the same day.
2. On July 30, 2009, the Defendant stated that “the work related to the construction” by telephone to the victim E at the same place as the above Paragraph 1 of the same Article, including the money borrowed prior to the loan of KRW 10 million, while the personnel expenses are insufficient, the Defendant would make reimbursement without delay until August 31, 2009.”
However, on the ground of the above Paragraph 1, the defendant did not have any intention or ability to allow the victim to work or repay the borrowed money.
Accordingly, the Defendant, by deceiving the victim as such, received the remittance of KRW 10 million from the victim on the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. The protocol of statement to E by the police;