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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The defendant of "2013 Highest 1208" is the representative director of C(State), who has acquired and actually operated D on the beginning of 2001.
1. Around March 20, 2001, the Defendant made a false statement to the effect that “A victim E, who set up a right to collateral security with respect to (a) G office located in Pyeongtaek-si located in Pyeongtaek-si, and (b) H site 10,445 square meters and (c) factory building 300,000,000,000 won of the maximum amount of debt to be borne by the victim E”, the Defendant would obtain loans from the bank as collateral and preferentially repay the debt worth worth KRW 178,20,000,000,000,000,000 from the bank as collateral if the right to collateral is terminated.”
However, in fact, even if the suspect terminated the right to collateral security on the factory building, etc. as above and then newly borrowed the factory building as collateral, he did not have any intent or ability to repay the debt to the victim even if he did not have any intent or ability to repay the debt to the victim with the borrowed money. Therefore, even if he did not receive the above loan, he did not have any intent or ability to repay the debt to the victim.
The Defendant, by deceiving the victim as above, had the victim terminate the above right to collateral security equivalent to KRW 300 million with the maximum debt amount around the 28th day of the same month, thereby acquiring and acquiring pecuniary benefits equivalent to the same amount.
2. On July 15, 2001, the Defendant against the victim I was entering into a subcontract for construction works, which had been subcontracted from the Hyundai Construction Co., Ltd., which had been operated by the victim I who was introduced by the victim I on the third floor from the elementary school-friendly L in the office of the (ju) KK operated by the victim I, and which had been operated by the victim I on the third floor from the elementary school-friendly L in the (ju) office.
However, it is difficult to draw the site due to the lack of financial conditions so that it is difficult to lead the site, and thus, it is intended to conclude this construction with modern construction (the waiver of construction).
(a) the contract;