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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
D and Defendant A became aware of around 2008 and became a social post-management relationship, and Defendant A and E became aware of around February 2009 and became a social post-management relationship.
D and Defendant A came to know, on May 2009, that F Co., Ltd. in the operation of the Victim C was faced with the financial crisis. The facts are as follows: (a) although it was impossible to obtain a loan by means of real estate via E; (b) as if it was possible to obtain a loan from the victim, it would receive money from the victim as a loan expense; and (c) on June 25, 2009, E introduced E as a real estate consulting expert to the victim.
On June 30, 2009, the Defendant and D, and E, while getting on a vehicle near H University located in Seocho-gu Seoul Metropolitan Government, with the victim, Defendant A, “E may obtain a loan of KRW 500 million,” and “E shall have a main complex building located in the territory of the company operating the victim with the right to dispose of 6 billion at the request of sale and purchase, and shall obtain the ownership of the building as collateral, and then obtain the loan as collateral, and make the loan to the victim 500 million won out of the remainder of the loan except for the purchase fund of the building.” Defendant A may obtain a loan of KRW 35 million from the owner of the building. E may secure the payment of KRW 5 million under the pretext of the performance of the party promise, and it shall not be said that D shall not know about whether to guarantee the loan,” respectively.
However, in fact, E did not have been delegated with the authority to sell the above building, and D and Defendant A had no intent or ability to provide loans to the victim even if they received money from the victim as a loan expense because they are well aware of these circumstances.
As a result, Defendant A, D, and E conspired to induce the victim, thereby deceiving the victim, the victim is under the name of D on July 1, 2009, 35 million won as loan expense.