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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On February 11, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on August 13, 2015 at the Dong Branch of Seoul East District Court.
[Criminal facts]
1. C In a restaurant where the trade name in Gangseo-gu Seoul Special Metropolitan City is unknown on August 9, 2016, the Defendant committed a land-related crime, and the Defendant seeks to purchase the land of Gangnam-si to the victim D.
B. The state that the principal activity stage of Chuncheon has filed an application for a loan of KRW 180,000 with a bank located in Chuncheon, and only the land contract is submitted to the bank, the loan immediately comes out.
The loan of 40 million won, such as down payment of 30 million won and civil engineering design cost of 10 million won, shall be granted within one month and the loan of 50 million won shall be paid at the latest within three months.
“False speech was made to the effect that it was “.”
However, the defendant would purchase the above land and develop it as a whole housing complex.
However, there was no specific plan to prepare funds necessary for this, and there was a plan to borrow the above land as collateral or sell a part of the land with the landowner’s consent, but it was not actually possible to lend money, and the expected amount of loan was not confirmed. Even if the money was borrowed from the damaged party due to the lack of certain property or income, there was no intention or ability to repay it on the agreed date.
The defendant shall have jurisdiction over the same damage from the injured party.
8. 9. The amount of KRW 30 million with the account in the name of NongHyup Bank, Inc. under the name of the defendant, operated by the defendant, and the same year.
8. Around 23.20, a total of KRW 40 million, including KRW 10,000,000, was remitted as a loan.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant committed the F land-related crime on October 14, 2016, purchased and developed the F land in a coffee shop where it is impossible to find out the trade name located at an infinite (hereinafter referred to as the “infinite”) from the victim.