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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who actually runs a F Co., Ltd. established for the purpose of real estate development business.
F Co., Ltd., in the name of G, was awarded a successful bid for the 32 generation of loan, which was constructed on the land and on the land of the H, and continued to proceed with the construction.
However, at the time of the successful bid, the defendant or F Co., Ltd. was in fact unable to pay interest accrued on the debt of KRW 450 million borrowed from J under the pretext of the successful bid price, which was later borrowed from J on September 1, 2008, due to the commencement of voluntary auction on the loan and its site, and the inspection of the use of loan and the sale of the land was practically impossible, and there was no particular income or property. Therefore, even if the defendant purchased the land from the victim K or borrowed the land as collateral, the defendant did not have the intent or ability to pay the purchase price, or to repay the loan.
1. On April 14, 2009, the Defendant made a false statement to the effect that “The Defendant would purchase 574 square meters out of 2886 square meters in the wife population L, Sinsan-si, Sinsan-si, Sinsan-si, for the purchase price of KRW 574 million at KRW 57,400,000,000,000,000,000,000,000 to the victim around the Masan-si, Sin-si, Sinsan-si, Sinsan-si, and that “The Defendant would make a false statement to the effect that the Defendant would repay the loans that he/she received as security of this land in advance until the end of July 2009 and pay the balance of the real estate purchase price.”
Around April 14, 2009, the Defendant, by deceiving the victim, caused the victim to do so, to take out a loan of KRW 340 million in the name of M in the form of Ma, the Defendant had the victim set up a right to collateral security for the said land with the maximum debt amount of KRW 476 million.
Accordingly, the defendant deceivings the victim to land on the part of the victim.