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Defendants shall be punished by imprisonment for ten months.
Reasons
Punishment of the crime
Despite the fact that the Defendants purchased the site and did not have a fund to newly construct an officetel at all, and there is no specific fund-raising plan, they had the victim E by deceiving the victim E to borrow money from the victim as the down payment for the purchase of the site from the victim.
On May 31, 2012, the Defendants conspired to construct an officetel on the H site in the (ju)G office operated by Defendant A located in Gangseo-gu Seoul Metropolitan Government (Seoul Metropolitan Government). The Defendants suggested to the effect that “In order to purchase the said site, the Defendant would benefit from the construction of an officetel on the (H) site in Ulsan-gu (U.S.) office. In addition, the Defendants would first lend the said site in addition to the interest of KRW 25 million within one month, and additionally pay KRW 25 million within three months, if the building is on the land.” As security for the borrowed money, the Defendants proposed to the effect that “Itel 305 sales contract is to be issued as an officetel 305,
However, in fact, the Defendants did not have the ability to purchase the above site amounting to approximately KRW 1.35 million and did not prepare a down payment of KRW 200 million. Of the above KRW 100 million borrowed from the victim, the Defendants could not enter into a contract for purchase. Of the above KRW 100 million borrowed from the victim, the Defendants were expected to pay from the beginning to J Co., Ltd., which had been an officetel construction rather than the down payment, and would be used differently from the purpose of the loan. The above KRW 305 million, which had already been offered as security, had no collateral value due to the establishment of joint collateral mortgage of the maximum debt amount of KRW 650 million, and there had no intent or ability to repay the borrowed amount to the victim within the agreed period.
As a result, the Defendants conspired to deception the victim as above and acquired 100 million won from the victim to the passbook in the name of the State designated by the Defendants.
Summary of Evidence
1. Defendants’ partial statement
1. A witness E.