beta
Text
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2013, the Defendant entered into a business agreement for the loan of part payments to the residents of the Incheon Port Branch of the Victim Bank and the above houses, as the representative director of the D, which is the construction executor of the city-type C Urban Residential Housing in Bupyeong-gu, Nowon-gu, Seoul.
The defendant had failed to raise funds for the construction of housing in the name of a false purchaser, who received an intermediate payment under his/her name, and received money from the company to raise funds for the construction of housing.
Around September 14, 2013, the Defendant drafted a false sales contract with E, a subcontractor of the foregoing house, as if it sold 601,602 units of the above house, and prepared a false sales contract as if it sold 604,605 units to F, a subcontractor of the foregoing house, around November 5, 2013.
From October 30, 2013 and November 29, 2013, the Defendant presented a false sales contract to the employees in charge of loan contracts at the point of Incheon, Jung-gu, Incheon, Jung-gu, Incheon, and requested the employees in charge of the loan contracts to lend part payments of apartments.
However, as above, the defendant presented a false contract for sale in lots and applied for a loan, and D did not have the intent or ability to repay the loan even after receiving the loan from the victim because D was suffering from the financial difficulties.
The Defendant received KRW 65 million from the victim on October 30, 2013 as a loan, and KRW 83.6 million from November 29, 2013, respectively, from the Korean bank account (Account Number:G) in the name of the Housing Guarantee for the Stock Company, respectively.
Accordingly, the defendant was delivered KRW 149.1 million from the victim by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's statement of H (including the I's statement part);
1. Each police statement to J, K, and E;
1. The application of Acts and subordinate statutes to a copy of loan transaction agreement, a copy of sales contract and a copy of business agreement;
1. Criminal facts;