beta
Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On April 29, 2014, the Defendant entered into a land development and sales contract with Nonparty E and the Gyeonggi-do Mayor to the effect that “the Defendant shall, after developing the above land, receive a loan as collateral, pay the purchase price.” On December 2, 2015, the Defendant agreed to receive KRW 1.15 million from the above H as a deposit for the transfer of business rights (hereinafter “Osan City I”) by transferring the right to the said land development and sales contract to H on December 2, 2015. The Defendant presented to the above E a deposit guarantee of KRW 4 billion in the name of the MG Saemaul Saemaul Cooperative, but the Defendant was also unable to receive KRW 1.5 million in the transfer of business rights, such as the fact that the said letter of guarantee was revealed to be a forged document, and the Defendant also failed to receive KRW 1.15 million in the transfer of the above business rights from H, with the intention of doing so.
Accordingly, the Defendant, around March 16, 2016, is expected to receive a loan of KRW 4 billion from the Plaintiff to purchase the said I land from the Plaintiff in the “L” car page located in Gyeonggi-do, Seosung-si, Gyeonggi-do, and the Defendant is expected to pay KRW 1.15 billion to the Plaintiff as a gold for the transfer of business rights to the said I land.
In order to purchase the land outside M and two parcels of the Gyeonggi-do, "if the down payment is insufficient, seven million won is leased, part of the land shall be transferred, and the above 1.15 million won shall be paid by H and the borrowed money shall be repaid.
“A false representation was made.”
However, as above, the Defendant did not have any specific property because the I business was omitted in Osan City, and thus did not have the intent or ability to repay the borrowed money to the victim, and was thought to consume the borrowed money from the victim as living expenses, etc.
The defendant deceivings the victim as such, and is under the name of N in the name of the same day from the victim.