A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The defendant was sentenced by the Seoul High Court on April 3, 2008 to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and one year and six months, and completed the execution of the above punishment on April 26, 2008.

On September 30, 2008, the Defendant: “Around September 30, 2008, the Defendant met the Victim J, the representative director of H hotel I in Seocho-gu Seoul Metropolitan Government, and the Defendant borrowed a promissory note with a face value of KRW 3.5 million at its face value, and if necessary, lent KRW 50 million at its face value or around October 2 or 3, 2008, and borrowed KRW 500 million at its face value.” In other words, the Defendant received a copy of a promissory note with a face value of KRW 3.5 million at its face value.

그러나 사실 피고인은 충남 금산군 K 외 5필지 2,952,079제곱미터를 구입하기 위해 같은 날 토지 소유자의 대리인 L과 부동산매매계약서를 작성하였고, 위 계약의 계약금 명목으로 피해자로부터 위와 같이 교부받은 약속어음을 건넸으며, 89억 원에 위 토지를 매수한 다음 이를 담보로 제2금융권 등으로부터 대출을 받을 계획을 세웠으나, 피해자로부터 받은 돈을 계약금으로 지급한 외 중도금과 잔금을 마련할 방법이 없어 피해자로부터 빌린 약속어음을 되돌려주거나, 약속대로 10억 원을 피해자에게 빌려줄 의사나 능력이 없었다.

Accordingly, the Defendant made a false statement to the victim as above, and acquired a promissory note with a face value of KRW 3.5 million from the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by the witness J in the second protocol of trial;

1. Statement made by a witness in the third protocol of trial;

1. Partial statement (including J and L) of the protocol of examination of the accused by the prosecution against the accused;

1. Each police statement concerning J and L;

1. Copy of the table of trust consultation;

1. Written consent to offer security and copies of a repayment plan;

1. Content-certified mail;

1. Previous convictions in judgment: criminal records and references;