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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On March 18, 2009, the Defendant was sentenced to a community service order of two years and one hundred and sixty hours of imprisonment with prison labor at the Seoul Eastern District Court on October 10, 2009, and the above judgment became final and conclusive on December 24, 2009. On July 1, 2011, the Seoul Central District Court sentenced one year of imprisonment with prison labor at the Seoul Central District Court for fraud, and the above judgment became final and conclusive on December 8, 2011.
In 2007, the Defendant introduced the victim D, “In Korea, Inc., operates E, many civil engineering works, such as new world department stores, Eart, etc., have been conducted. The Defendant newly constructed 12 households of Georgia in F 2.5 billion won, and eight generations will sell in lots and four generations will complete the construction.”
However, the facts are as follows: (a) A Co., Ltd. operated by the Defendant was in a situation immediately before the bankruptcy due to the financial difficulties in around 2006; (b) transferred 65% of the company shares to G, a capital owner that will take over the company on March 2007; and (c) around June 14, 2007, the Defendant decided to transfer 35% of the company shares to H, who had the claim of 350 million won of the company shares, around June 14, 2007; and (d) the Defendant had already
In addition, after receiving a contract for civil engineering works among the above F loan new construction works, E had the ability to perform such construction works, submitted a letter of waiver of construction works around January 2006. The above investment in the company's funds around 2006 for the construction of the apartment complex was already recovered from around spring around 2007.
Although the Defendant had already been in excess of his/her liability and did not have the intent and ability to repay the money from the victim even if he/she borrowed the money, the Defendant had attempted to deceiving the victim as if he/she could receive the money of KRW 100,000 by completing the high-class loan.
1. On August 2, 2007, the Defendant is the victim at the E office of the Defendant’s management company located in Songpa-gu Seoul Songpa-gu Seoul.