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Defendant
A Imprisonment with prison labor for six years and for one year and six months, respectively.
but for three years from the date this judgment becomes final.
Reasons
Punishment of the crime
[2012 Gohap864]
1. Around May 2008, Defendant A made a false statement to the victim M in Gangnam-gu, Seoul, on May 2008, that “I would take over an exchange savings bank if I borrowed the balance of KRW 3 billion with clean money, not with bank loans or bonds. I would pay the victim in full within 3 months, including directors, and pay the victim interest.”
However, Defendant A and N did not have any career related to financial rights and did not directly engage in the process of accepting the OSaving Bank, and therefore did not have the ability to appoint the victim as a director of the Savings Bank. Defendant A did not have any financial condition to the extent that the Seoul Gangnam-gu P Apartment 201, a residential area, was subject to auction on June 2008, and there was no other specific property, and there was no intention or ability to repay the victim within the agreed period even if he borrowed money from the victim due to the lack of any other property.
Defendant
A, as above, by deceiving the victim and being issued a copy of Q hotel in Gangnam-gu Seoul on May 28, 2008, of KRW 2.950 million, from the victim, A received a total of KRW 50 million from the Defendant’s East-gu’s East-gu’s East-gu’s East-gu account. On May 29, 2008, A received a total of KRW 3 billion from the Defendant’s East-gu’s East-gu account.
2. On September 2008, Defendant A made a false statement to the above victim on September 2008, that “I would be able to get the land developed in the south of Gyeonggi-do by using the friendly portion with the high-ranking floor. However, if the land price increased by a few times, I would pay the principal in full within three months and pay four equal interest.”
However, Defendant A or N was not in a situation where it is possible for Defendant A or N to purchase and make profits from the land to be developed in the Southern City. As seen above, even if it borrowed money from the victim due to the absence of any specific property, such as an apartment by auction, etc., it shall be repaid within the agreed time limit.