beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Attachment] On August 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon District Court on one year and two months, and the judgment became final and conclusive on October 17, 2012.
【Criminal Facts】
1. On October 2007, the Defendant committed the crime against the victim C stated to the effect that “The Defendant would sell the loan amounting to KRW 120 million by subrogation and obtain profit by selling the apartment in return for the acquisition of the apartment at KRW 80 million, in the office of the lending brokerage business operated by E, which was operated by the Government-Si of Ma, Jung-si.”
However, the Defendant did not have entered into an agreement on payment of loan obligations or an apartment sales contract with the owner of the above apartment. Therefore, even if the Defendant received investments from the victim, he did not have the intent or ability to repay the loan or acquire apartment, and was thought to have used it for other purposes, such as personal expenses.
Nevertheless, the Defendant, by deceiving the victim as above, was deposited 80 million won into the Defendant’s bank account under the pretext of investment on October 30, 2007.
Accordingly, the defendant was given property by deceiving the victim.
2. On November 10, 2008, the Defendant stated that “A victim-owned building will be loaned KRW 1.4 billion to the victim as security” by telephone at a place where it cannot be known from November 10, 2008.
However, even if the defendant received money from the victim, he thought that he did not have the intention or ability to arrange the loan and used it for other purposes, such as personal expenses.
Nevertheless, the Defendant, as above, deceiving the victim, and under the pretext of fees and expenses for loan mediation from the victim, shall be KRW 500,000 on Nov. 14, 2008, KRW 300,000 on Nov. 17, 2008, KRW 200,000 on Dec. 1, 2008, KRW 150,000 on Dec. 2, 2008, and KRW 200,000 on Dec. 15, 2008.