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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[criminal records] On November 20, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at a flood control center, and on November 28, 2014, the said judgment became final and conclusive on November 28, 2014. On May 10, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud, and the said judgment became final and conclusive on May 18, 2017.
[2] The Defendant, from November 2006, purchased a forest land D and 25,000 square meters (hereinafter “E land”) from a financial institution, etc. to purchase a loan from a financial institution, etc., and conducted a development project as a factory site, logistics warehouse, etc. with permission for the alteration of use. On May 2008, the Defendant purchased a 45,000 square meters (hereinafter “H land”) outside G G and 27,000 square meters (hereinafter “H land”) from the victim F and continued the development project.
1. Around June 3, 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim F, the victim F, who was found at the house of the victim F, K, the president of J bank, 106 Dong 303, Osan-si, and then borrowed money due to the shortage of construction cost in developing the victim’s “H land” from the president. The Defendant purchased KRW 220,000,000 per square year. However, upon the development and sale, the Defendant could receive KRW 70,000 per square year.”
However, the Defendant had expressed his intent to pay K the money borrowed from the injured party, and did not intend to use the money as “H land”.
In addition, the Defendant, around December 2006, extended loans to NAC et al. as collateral “E land” at approximately KRW 4.8 billion, and around April 2008, extended loans to J and L banks as collateral “H land” at approximately KRW 12 billion (at around November 201, the amount equivalent to KRW 7 billion out of the above loans shall be succeeded to NAC et al.), borrowed loans to NA around June 2008 and borrowed loans to N around KRW 30 million and around June 2009 to NA from July 2006 to December 207.