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A defendant shall be punished by imprisonment for six years.
Reasons
Criminal facts
On June 14, 2013, the Defendant was sentenced to imprisonment for one year and six months at the Seoul High Court for fraud, etc. and completed the execution of the sentence on July 19, 2014.
On August 12, 2016, the Defendant established and operated the KCAC, which is a private village B as a representative director, and operates it actually.
At the time, the Defendant received a loan from the Defendant as collateral without any property owned by B in bad credit standing, and established the LAC, and even around October 2016, the Defendant and the LAC did not have any property.
The Defendant had no intention or ability to implement funds under the pretext of acquiring the E building and land from the victim D, and the fact was a plan to use the investment funds received from the victim for the business of a charnel or the repayment of personal debts, etc. separately conducted by the Defendant.
The Defendant around October 20, 2016, from the office of “G” with the fourth floor of the Seoul Gangnam-gu Seoul FF building, the Defendant was planning to acquire the E-building and land located in Pyeongtaek-si from “G office” to “G” office, which is less than the market price.
When investing in KRW 1.50 million, E-building and land can be loaned from financial institutions and acquired at the ratio of 5:5 to the bank for the settlement of accounts and the victim may obtain profit from market price.
In the future, necessary expenses, loan interest, etc. shall not be liable to the Dispute Resolution Co., Ltd., and it shall be transferred from the damaged person to the account in the name of the Dispute Resolution Co., Ltd. on the same day.
Accordingly, the defendant deceivings the victim and defrauds 1.5 billion won.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Protocol concerning the examination of suspect B by the prosecution;
1. Statement made by the police with H;
1. Investigation report (in relation to submission of a certificate of deposit by a complainant's agent, witness I telephone conversations, and whether this case is in progress);
1. Certified copy of the corporate register, certificate of deposit, appraisal data, all of the registered matters, certificate of deposit, statement of deposit, and data on reply to an account book;
1. A previous conviction: A written inquiry, such as criminal history, shall be made;