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A defendant shall be punished by imprisonment for three years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
"2019 Highest 3218"
1. On December 1, 2016, the Defendant: (a) around December 1, 2016, to the victim C by telephone; and (b) to lend money needed to operate a corporation at present; and (c) to the Corporation D at Seopopopo City of Seopopo, Seopo, Jeju; and (d) if the foregoing is well available, the Defendant may receive KRW 90 million from the price.
To pay money after two to three months.
“The phrase “ was false.”
However, the defendant did not properly proceed with the Corporation due to the situation related to the D Construction Site at the time, the owner and the dispute, and even if there was no particular revenue or property other than D Corporation, there was no intention or ability to repay the amount from the damaged person as a fund for corporate operation.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Agricultural Cooperative account in the name of the Defendant under the name of the Defendant as a fund for the management of the corporation, and KRW 25 million from the Agricultural Cooperative account in the name of the Defendant on January 25, 2017, respectively.
2. On June 8, 2017, the Defendant: (a) at the Defendant’s office located in Yangcheon-gu Seoul Metropolitan Government F, the Defendant received a contract from the Defendant for construction of new loan and H loan construction outside the Seoul Metropolitan City at present; (b) the Defendant needs to complete the construction of the loan.
When lending money, 30% of the investment money will be paid with the profit of investment.
First of all, two security lending rights will be held.
The commencement of this construction will continue the loan construction, and if so, a total of KRW 300 million may be reduced with the proceeds.
“The purpose of “ was to make a false representation.”
However, in fact, the right to sell the loan offered by the defendant as security was offered as security by J, a separate construction business operator, by borrowing the construction cost related to the I's separate construction site from the defendant. Since the loan was not completed and it was impossible to sell it in lots, it was not effective as security, and the defendant is able to pay money from the victim.