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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On January 19, 2017, the Defendant presented to the victim B a certificate of payment of substitute land in the name of the owner C in the car page located in Seosan-si, Seosan-si, and falsely stated that “When the Defendant extended KRW 100 million to the owner of the building, she would transfer the ownership of loan 3 debentures or establish the right to collateral security, she would have borrowed loan 3 debentures from the owner of the building with the remainder of the construction work.”
However, in fact C was forged and the defendant received three loans from the owner C as a substitute, and even if he received money from the victim, he did not have the intention or ability to transfer the ownership of the loan and establish the right to collateral security.
The defendant acquired 91 million won from the victim to the Agricultural Cooperative (E) account in the name of the defendant's wife D on the same day.
[Defendant and defense counsel asserted that the defendant prepared a certificate of price in substitution with a seal approved by C for use by the defendant in order to prepare the construction cost, and thus it is not a deception because there is no forgery of a certificate of price in substitution. However, the record acknowledged by C, the witness C stated in this court that there was no fact that the defendant did not have any specific delegation from C with regard to the preparation of a certificate of price in substitution with a seal or a certificate of price in substitution with a third bond.
(2) In light of the fact that the defendant voluntarily prepared a contract for sale in lots and submitted a written confirmation of payment in lots to the victim, but did not explain it to the victim, and in light of the fact that if the victim knew of the above circumstances, the victim would not have borrowed money to the defendant, the defendant is deemed to have obtained money by deceiving the victim as stated in the crime, and thus, the above argument is without merit).
1. The defendant's partial statement in court;