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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On January 6, 2017, the Defendant of criminal power was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and the judgment became final and conclusive on October 26, 2017.
2. Criminal facts;
A. On September 10, 2015, the Defendant issued a check and cash fraud to the victim B at the French-gu, Yongsan-gu, Goyang-si, Goyang-si, and the French coffee shop saying, “If the Plaintiff had property of more than 30 in each foreign country, such as the United Kingdom C Bank, and borrowed overseas funds, he would bring in the overseas funds, and then the victim would purchase the land in the name of D in which he/she intends to carry out a housing construction project at an appropriate price and bear the construction cost.”
However, in fact, the defendant's overseas funds, such as the United Kingdom, are unclear, and there was no intention or ability to pay the victim's business funds even if he/she borrows money from the victim due to no objective data or specific plan itself for the possibility of bringing in.
As above, the Defendant got a false statement to the victim, and received from the victim the sum of KRW 177 million in checks and cash as the borrowed money around that time.
Accordingly, the defendant was given property by deceiving the victim.
B. On September 2015, 2015, the Defendant: (a) the Defendant: (b) lent KRW 350 million to the Victim B at the French-gu, Yongsan-gu; (c) the amount in question is not 35 million to the U.S. E bank; (d) the Defendant paid interest and principal twice; and (e) the Defendant would attract foreign capital equivalent to U.S. dollars 100 million to the development promoted by the victim.
However, in fact, the above funds are unclear, and even if there is no objective data or specific plan itself for the possibility of bringing in, the funds will be repaid and the funds of the victim will be induced.