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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Records] On January 13, 2016, the Defendant was sentenced to a suspended sentence of two years on October 21, 2016 for the charge of forging and accompanying private documents at the District Court for the Defendant’s District Court, and the judgment became final and conclusive on January 21, 2016.
Defendant 1 is the representative of “C” that constructs a building B (hereinafter “B”) in Pakistan-si, and D is a person who sells a building E (hereinafter “E building”) in lots from January 15, 2012 to July 6, 2012 and pays in advance the sales price of KRW 420 million from January 15, 2012.
On November 2012, the Defendant changed the location of lending money to the vice-head of G, a sales agent, due to the shortage of construction cost of the building, and the head of G changed the location of lending money to the vice-head of G, and the head of G has the lack of construction cost for the construction of the building at present to D.
section 3.
The construction work shall be carried out smoothly if only a short-term cash is financed.
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Accordingly, in a case where around December 2, 2012, the Defendant loaned the construction cost to D through the head of G in the building E, and where it is found that D had no cash and there is a difference between the victim on the property facts charged by the victim H in his/her wife and the victim on the indictment, the Defendant should be found guilty by pointing out the victim other than the actual victim on his/her own written indictment ex officio without due process of changes in indictment, unless it does not harm the identity of the facts charged in the indictment and does not substantially disadvantage the Defendant’s exercise of his/her right to defense (see, e.g., Supreme Court Decision 2001Do6876, Aug. 23, 2002). As such, H, the owner of the above apartment, is recognized as the victim.
I Ownership an apartment house;
The defective D disposes of the I apartment house and uses the money as the construction cost.
The apartment market price is KRW 300 million and the loan is KRW 100 million. Therefore, it is necessary to borrow KRW 200 million for a year, and to pay KRW 250 million including interest KRW 50 million.
When you know, one of the B buildings will be substituted by substitute.
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