beta
Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2014 Highest 4438]
1. Around September 8, 2010, the defrauded made a false statement to the effect that, at a place where the location cannot be known, the Defendant opened a road on the land owned by the victim C to pack it at the victim C at a place where the location cannot be known. The Defendant changed the cost of packing the road to KRW 5 million.
However, in fact, the defendant did not have the intention or ability to open a road on the above land and pack it.
Nevertheless, the Defendant deceiving the victim and received five million won from the victim around that time.
2. On November 12, 2010, around November 12, 2010, the defrauded made a false statement to the effect that “The Defendant would repay KRW 136 million, including the principal and interest, to the victim, in the victim’s residence located in Seongbuk-gu in Seongbuk-si, Sungnam-si.” The Defendant borrowed KRW 100,000 to the victim’s KRW 136,00,000,000,000, including the principal and interest, around November 12, 2011.
However, in fact, the Defendant did not have any particular property at that time, purchased the land with most loans, and the Defendant could not sell the land due to the depression of the real estate market. Therefore, the Defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim.
Nevertheless, the Defendant deceiving the victim as above and received KRW 100 million from the victim around that time.
3. On October 21, 201, around October 21, 2011, the defrauded made a false statement to the effect that “Around October 21, 2011, the Defendant would pay the principal amount of KRW 200 million to the victim with KRW 248 million by purchasing E land at Namyang-si, and immediately transferring the land to the victim within the title, including the interest of KRW 100 million borrowed around November 12, 201, and by including the interest of KRW 100 million borrowed from the victim around November 21, 2012.”
However, in fact, the Defendant did not have any particular property at that time and received most loans in purchasing land.