beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
. The Defendant made a false statement to the effect that, around 14:50 on August 20, 2008, the crime history room [2013 Highest 2910] the Defendant stated that, at the home of the victim D, “an urgent need to pay money to the victim. If he/she received a loan as security, he/she will repay loans and interest between 10,000,000 and cancel the security.”
However, the facts did not have any intent or ability to repay the above money even if they borrowed the money from the victim.
The Defendant received KRW 53,960,000 on the day from the victim D to the passbook (E) in his/her own name, etc. from around September 5, 2012, the Defendant received KRW 289,707,69 in total from three victims (D, F, and G) in the same manner as the loan money through the same eight times during the same period from September 5, 2012.
[2013 Highest 4334]
1. From around October 2006 to September 2012, the Defendant was working as the president of the Guri-si apartment council of occupants’ representatives, and was engaged in resolution, management, supervision, etc. of apartment management expenses. H served as the head of the above apartment management office from October 2005 to December 31, 2012, while engaging in the fund management, expenditure, and execution of apartment management expenses, etc.
The Defendant conspired with H by making false evidence as if the said enterprise entered into a small-scale construction contract with the victim or entered into a material supply contract with the victim, using the false business entity called “J” and the business entity named “L” under the name of Maom I.
On March 26, 2012, the Defendant: (a) prepared a false estimate and tax invoice as if he/she were to purchase a fake company created under I’s name; and (b) obtained the approval as if he/she was a legitimate fund execution; and (c) received KRW 617,100 from the bank account in the name of the Defendant’s management.
Since then, the defendant does so at that time.