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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 2 to 3, 2010, when there is no intent or ability to make investments due to the lack of funds, the Dispute Resolution Co., Ltd. promised to invest KRW 3.5 billion in the election car business of the Dispute Resolution Co., Ltd., and on the other hand, E, the actual operator of the Dispute Resolution Co., Ltd., was aware that such investment could not be realized unless the defendant, etc., who is the actual operator of the Dispute Resolution Co., Ltd, and the representative director in form, fails to prepare
E stated that the “hing-in Jeju Public Performance,” which is planned by the victim, shall be called as “hing-in Jeju Public Performance,” which is planned by the victim, shall be called as having the intent or ability to make an investment. On March 12, 2010, the victim and his mother would make an investment of KRW 1 billion in the victim’s public performance project, and the victim and his mother would make an investment of KRW 1 billion in the victim’s public performance project.” As a security, the victim’s I provided “an investment of KRW 1 billion in the victim’s public performance project” (hereinafter “instant land”).
However, since the defendants, E, and F failed to proceed with the election vehicle business due to the shortage of funds, they thought that the land in this case was provided as collateral and used in an urgent place, such as office expenses, etc., and there was no intention or ability to invest one billion won as above.
Nevertheless, E/F, by deceiving the victims as above, received documents necessary for the establishment of the right to collateral on the land of this case from the victims, that is, by the victims, and had the defendants establish the right to collateral on the land of this case through the lending company around March 15, 2010, and borrowed KRW 200 million in total from the third parties.
Accordingly, the defendant, in collusion with E and F, had the victims bear the responsibility of KRW 200 million for the land of this case, and acquired the equivalent pecuniary benefits.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Each of the witnesses M, N, G, and I.