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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On March 13, 2013, the Defendant: (a) came to know through (D) C staff members of the city improvement project, which is an operator of the city improvement project operated by the Defendant; and (b) borrowed a total of KRW 18,2220,000 from December 2, 2008 to February 2, 2013, the Defendant concluded that “the land located within the territory of the city of Gyeonggi-do owned by the Defendant is expropriated in LH Corporation, and the land compensation would be KRW 1,00,000,000,000.” Upon receipt of the above land compensation, the Defendant made a false statement to the victim E, who borrowed a total of KRW 18,222,00 from December 2013.
However, the Defendant did not have any land owned in Pyeongtaek-dong in Gyeonggi-do, and there was no acceptance plan for the Gyeonggi-do Embri-dong in the Namyang-si in Gyeonggi-do. The Defendant did not have any acceptance plan for the Nam-do Embri-si in Gyeonggi-do. Therefore, even if he borrowed the above money from the victim, the Defendant did not have any intent or ability to repay the money to the victim.
Nevertheless, the Defendant, as such, deceiving the victim and deceiving it from the victim to the Agricultural Cooperative Account under the name of the Defendant, shall be KRW 16.8 million on March 13, 2013; and
5. 15.6 million won, and the same year.
6. The remittance was received on December 12, 980,000 won, and on November 28, 1900 won, respectively.
Accordingly, the defendant deceivings the victim and acquired a total of KRW 43 million from the victim.
Summary of Evidence
1. The defendant's partial statement in the fourth protocol of trial (the part that, around March 10, 2013, the executive officers of the defendant's management stated that some of the defendant's corporate funds can be used for the company's funds when he/she receives compensation for the land remaining in the meeting where the defendant's executive officers are gathered);
1. Statement made by witnesses E in the second protocol of the trial;
1. Statement made by witnesses D in the third protocol of the trial;
1. A protocol concerning the examination of partially the defendant's prosecution;
1. Statement of the police statement of E;
1. On December 15, 2013, the respective letters, the certificate of transfer, the certificate of loan borrowed as of March 15, 2013, and the request for cooperation with the investigation.