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Defendant
A Imprisonment with prison labor for a crime of KRW 3,00,00,000 as stated in the judgment of the court below, and for a crime of KRW 2 as stated in the judgment of the court below.
Reasons
Punishment of the crime
Defendant
A was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on April 12, 2007, and the execution of the sentence was terminated on July 3, 2007, and on December 18, 2009, on December 21, 2009, the above judgment became final and conclusive, and on April 11, 2010, the execution of the sentence was terminated.
"2014 Highest 153"
1. Fraud: (a) Defendant A was thought to use the obligation borrowed from around KRW 135 million for any particular business profit; (b) there was no intention to repay the existing obligation; (c) the deposit of the lease contract under Article 305 of the G Building, located in Busan-gunF, was actually received only KRW 15 million; and (d) the above G building was entrusted to the trustee K non-Real Estate Trust Co., Ltd. on January 11, 201, which was concluded between the existing Defendants, without the trustee’s consent; and thus, (c) there was no intention or ability to repay the said loan even if having borrowed money from around the collateral.
Defendant
A, as the above debt amount is large and the business investment amount is insufficient, at the request of Defendant B, the lessor, for the purpose of changing the name of the lessee of the above lease contract, he was able to borrow money from around the lease contract as security.
Defendant
A around April 201, the said G building No. 204 and H referred to as “a loan to the same effect as that of a lessee of a security lease agreement because it is possible to change the name of the lessee of the security lease agreement,” but H requested to I to the same effect due to lack of money, and due to lack of money I, the victim J made a request to the effect that “I will pay interest of KRW 1,500,000 per month if I provided a lease agreement with a person who has borrowed money as a lessee and borrowed KRW 25,000,000 to use money as a lessee.”
The Defendants, on April 11, 201, are the above G building.