Text
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 5, 2017, the Defendant, at the office of the victim C located in Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant built two (2) of the victim D Apartment-gun, Chungcheongnam-gun, Chungcheongnam-do.
A loan of KRW 130 million as the building fund is insufficient.
In lieu of security, five apartment bonds are sold in lots, and the Chungcheong E land owned by the party (victim) that is demanded by the party (victim) will also be purchased in KRW 1.2 billion.
In addition, a total of KRW 160 million up to KRW 30 million entering to withdraw an auction for current land E;
4. He shall complete payment up to 20.
The Defendant made a false statement. However, even if the Defendant borrowed KRW 130 million to the victim, the Defendant did not have the intent or ability to repay the above loan due to economic difficulties equivalent to approximately KRW 2.7 billion in total, and there was no intention or ability to purchase the land owned by the victim in KRW 1.2 billion. Accordingly, the Defendant, by deceiving the victim as such, obtained KRW 130 million from the company bank account (F) in the name of the Defendant under the name of the victim, with the loan borrowed KRW 130 million. On April 1, 2017, the Defendant received KRW 130 million from the victim to the company bank account (F) in the name of the Defendant. The Defendant, by telephone, shall undergo the completion inspection on the apartment from the victim at a place where it is not known on April 1, 2017.
4. A contract to lend 25 million won in addition to the amount to be repaid until 30.
It is expected that the apartment bonds will be additionally sold in lieu of the security.
‘Written delivery request'.
"Falsely false, G sent them to the victim as above."
However, the defendant did not have the intention or ability to repay even if he borrowed 25 million won to the victim due to economic difficulties such as Paragraph 1.
Accordingly, the defendant deceivings the victim as such and acquired 25 million won from the company bank account (F) in the name of the defendant under the pretext of borrowing money from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The statement made by the police of the victim;