Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

However, from the date this judgment became final and conclusive, Defendant A.

Punishment of the crime

[2014Gohap49] Defendant A, a person who actually runs the F Co., Ltd. (hereinafter “F”), was in charge of orders for construction and settlement of construction costs, etc., Defendant A, while carrying out construction works, was extremely weak to operate the said company in a way that without investment in one’s own capital by borrowing money from others to pay the purchase price of the land purchased by borrowing money from others as a collateral and paying the construction cost with the loan. There was no personal property of the Defendant.

1. Fraud against the victim G;

A. On November 12, 2009, Defendant A made a false statement to the victim of F office located in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in the G., “I would purchase the I land in G, and will pay 45% of the principal and interest of the purchase of the land by newly constructing and selling the I land on loan with the loan of the purchase fund.”

However, in fact, the above defendant did not have the intent or ability to pay the victim the borrowed money and the borrowed money borrowed from the victim as collateral, and the money borrowed from the above land and borrowed money to be used as construction cost in another field where F proceeds.

Nevertheless, the above Defendant, as seen above, by deceiving the victim, received the total of KRW 20 million from the victim, KRW 50 million on the same day, KRW 50 million on November 2009, KRW 50 million on December 1, 2009, KRW 300 million on January 6, 2010, KRW 440 million on five occasions, including KRW 20 million on January 7, 2010, and KRW 20 million on January 7, 2010, from the Agricultural Cooperative (K) under the name of J.

B. On April 2010, Defendant A made a false statement to the victim at the place indicated in the preceding paragraph of the Korean War, stating, “I would like to newly construct a stay house in the Cheongnam-gun L, Cheongnam-gun, but would have borrowed land purchase fund if I would have borrowed land as collateral.”

However, the above defendant has borrowed money from the above land as collateral for another field construction work.