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A defendant shall be punished by imprisonment for two years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant and the victim C are inter-Korean elementary schools in the inter-Korean War.
On July 2010, the Defendant borrowed money from the victim C in a restaurant located in Gangnam-gu, Seoul, to use it as a new business for the construction and sale of officetels, and to pay the principal as sold in lots, if the officetel borrowed money from the lack of operating funds in order to build a new business and sell an officetel.
“False speech” was made.
However, the above gas station and its site were registered as a trust under the name of real estate trust company E, and it was thought that they will use the money received from the injured party for other purposes, such as paying interest on loans of an amount equivalent to 5.5 billion won. Thus, even if they received money from the injured party under the above pretext, they did not have the intent or ability to use it for the new construction of officetels and sales business, and there was a lack of funds to pay interest on the above loans, and there was no intention or ability to pay the principal to the injured party.
Nevertheless, on July 30, 2010, the Defendant, by deceiving the victim and deceiving the victim as above, received KRW 200,000,000 from the Defendant’s one bank account in the name of F, and KRW 300,000,000,000 from November 29, 2010.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statements by witnesses C and G;
1. Each loan certificate, each bank's automatic transfer details, a certified copy of the registry (the evidence duly adopted and examined by this court) and the following circumstances, namely, ① the defendant has already borne a large amount of debt prior to borrowing a large amount of debt from the injured party, and the interest on the loan was difficult to pay. ② The defendant borrowed money for the construction of an officetel, and most of the defendant borrowed money from the existing loan interest.