beta
Text
Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On March 15, 2012, the Defendant was sentenced to a suspended sentence of one year and two months in Seoul Central District Court for fraud, etc., and the judgment became final and conclusive on the 23th of the same month.
On December 20, 2009, the Defendant stated that “In D’s office operated by the Victim C in Changpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the Defendant paid KRW 65 million out of the construction cost to be paid at KRW 150 million in the reduction of the Promissory Notes issued by Changpo-si, Changpo Construction Co., Ltd., shall be settled, and the remainder of KRW 40 million shall be changed in cash. Until February 20, 2010, the date of the payment of the Promissory Notes, the Defendant received five parcels of land (hereinafter “instant land”) as collateral and settled.”
However, the Defendant had no particular property. On August 3, 2009, the Defendant entered into a sales contract to purchase the instant land in the name of F with a purchase price of KRW 450 million. On October 5 of the same year, the Defendant completed the registration of ownership transfer under the name of F with respect to the instant land, and paid a down payment of KRW 150 million to G and H, a seller, after obtaining a loan of the instant land as security, and paying a down payment of KRW 150 million to G and H., a seller. As the Defendant agreed to receive a loan of the instant land as security and pay a balance to the seller, there was no intention or ability to pay the balance of KRW 150 million at the face value of the instant land. As such, there was no intention or ability to pay the balance to the seller.
As above, the Defendant, by deceiving the victim and under the pretext of the discount of promissory notes from the victim, shall be KRW 10 million around January 22, 2010, KRW 20 million around the 27th day of the same month, and the same year.
2. Around January 2, 200, KRW 5 million, KRW 5 million around the same month, and KRW 40 million in total were remitted and acquired.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to C by the police statement;
1. A copy of a bill, a sales contract and a sales contract;