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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2013 Highest 2271] The Defendant operated the Gyeyang-gu Incheon Metropolitan City D located in Gyeyang-gu Office on December 12, 2007. The Defendant falsely stated that “The victim E borrowed money as it is necessary to conduct the Seo-gu Incheon Metropolitan City Urban Development Project, and the repayment will be made in the share of the profit if the profit of the relevant project is made.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to use the money for the F City Development Project, and there was no intention or ability to pay the money.
Nevertheless, in order to secure the Defendant’s obligation to borrow a loan amount of KRW 290 million with the victim’s H on December 10, 2009, a collateral security amount of KRW 650 million with the maximum debt amount was established to set up a collateral security amount of KRW 290 million with the victim’s real estate owned by the victim to the Defendant’s wife G account on the 14th day of the same month, and acquired the above collateral security amount of KRW 290 million with the maximum debt amount of KRW 290 million from around that time to May 22, 2008.
[2013 order 2591] Around May 21, 2008, the Defendant had no intention or ability to repay the money at the office of the Defendant located in Gyeyang-gu Incheon Metropolitan City, and even if he/she borrowed money from the victim J, he/she did not have any intention or ability to repay the money at time, and there was no intention or ability to transfer ownership of new buildings if he/she fails to repay the money.
Nevertheless, if the Defendant borrowed 18 million won in money to the victim, then the Defendant would have borrowed 18 million won in money.
7. To complete payment up to 20. If he/she fails to complete payment, he/she shall transfer ownership referred to in subparagraph 111 of Article 111 of the new building located in Gyeyang-gu Incheon Metropolitan City I;
The phrase “the meaning was false.”
The Defendant, by deceiving the victim as above, received KRW 180 million from the victim’s wife G account (K) in the name of the Defendant.