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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[2012 Highest 3949]
1. On November 14, 201, the Defendant stated that “B is a person specialized in the loan, and is well aware of it to the new Savings Bank,” the Defendant is responsible for and will receive a loan of KRW 1.3 billion to the victim’s real estate in the vicinity of the victim’s D-owned real estate (hereinafter “instant real estate”). In order to do so, the Defendant said that “The amount of KRW 5,00,000,000 is changed first to the amount of KRW 5,000,000,000,000,000,000 won
However, the Defendant did not have any person who is aware of the new Savings Bank, and did not have any intent or ability to get loans of KRW 1.3 billion as above.
Around November 22, 2011, the Defendant, by deceiving the victim as such, received KRW 400,00 from the victim a remittance of KRW 13,924,130 from the victim in the name of a new bank account in the name of E Co., Ltd. used by the Defendant for the purpose of secret funds, from that time until December 23, 2011, and received KRW 13,924,130 in total from the victim under the name of the victim, such as street funds, appraisal expenses, attorney expenses, certified judicial scrivener expenses, and expenses.
[2012 Highest 6179]
2. F-related loan expense Defendant said, around January 2010, at a coffee shop near the original railway station located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, that “If she submits documents such as a sales contract and a copy of the register, etc., she would make a loan to the victim G with the balance of KRW 2,885,120,000 on the purchase price of KRW 53 units on the first floor of Dongdaemun-gu, Seoul Metropolitan Government.”
However, the defendant did not manage the funds of KRW 5 billion and did not have an intention or ability to lend the balance.
Nevertheless, around April 30, 2010, the Defendant received 350,000 won from the victim to the new bank account (H) in the name of E Co., Ltd. as necessary for the loan, as well as from this time to August 18, 2010.