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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
1. Around June 10, 2010, the Defendant, at the “D” restaurant located in Ischeon-si, the victim E, “F apartment 20 households share 50% of the F apartment 220 households, and if the problem of the shares of G apartment 600 households located in the same year is resolved, the amount of KRW 11 billion is within the limit. If the amount is necessary to resolve the problem of the shares of the above apartment, if the Defendant borrowed KRW 50 million, then the loan will be repaid immediately and the remainder of the money will be considered as a housing project.”
However, the Defendant invested part of the money in each of the above apartment units, but the above F apartment was a trust property at the time, and the above G apartment was transferred the ownership to the New Enterprise Development Co., Ltd on or around September 28, 2008, and then the decision to commence voluntary auction was made on or around March 9, 2009, and was sold to the Support D&C Co., Ltd during the voluntary auction on or around May 25, 2010. At the time, the Defendant thought that he would use the money borrowed from the victim as a person with bad credit standing who bears an individual debt worth KRW 1.3 billion, so there was no intention or ability to repay the money borrowed from the victim.
Nevertheless, the Defendant, as such, by deceiving the victim as such, received a total of KRW 50 million from the victim, including KRW 10 million on June 17, 2010, KRW 20 million on June 18, 2010, KRW 20 million on June 30, 2010, and KRW 50 million on June 30, 201, and acquired it by deception.
2. Around July 9, 2010, the Defendant stated that “The Defendant would have been able to borrow a project financing (PF) loan to the victim E at a dS Integrated Construction Office, Inc., Ltd., Ltd., which is located in Leecheon-si, Leecheon-si, 182-2, and the 110 households out of the F apartment will have to be settled at a share in the company. When the apartment problem is resolved, the Defendant stated that “The 110 households out of the F apartment will have to be settled at a share in the company.”
However, the defendant could not obtain the above loan, and not only can he acquire the ownership of 110 households among the above F apartment.