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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The defendant is a pastor of the C church of religious organization B, and the victim D is a pastor of the F church of the E religious organization.
On May 9, 2011, the Defendant: (a) purchased land and building in Seongbuk-gu Seoul Metropolitan Government G and a building in substantial possession from the injured party; (b) concluded a contract deposit of KRW 200 million to pay KRW 430 million to the injured party by June 30, 201 at the time of the contract; and (c) concluded a real estate sales contract to pay KRW 430 million to the injured party by June 30
In the above process, the Defendant would first pay part of the purchase price with the money if he/she first lends money to the Defendant after having set up a security for the above real estate amounting to KRW 500 million, and the remainder will be paid until June 30, 201, and the principal and interest of the loan will be fully responsible and repaid.
“The balance will be paid without a mold with a loan from H commercial buildings owned by the institution as security.”
The phrase “ makes a false statement.”
However, on April 27, 2011, the Defendant had already been granted a loan equivalent to KRW 8,90,000 from the I Bank in charge of the dispute resolution, and as such, it was extremely difficult to obtain an additional loan as collateral of the above commercial building, and there was no other ability to pay the purchase price for real estate to the victim. Therefore, even if the Defendant’s loan of real estate owned by the victim was made as collateral, there was no intention or ability to pay the balance and take over the obligation of the loan until June 30, 201.
Therefore, on May 12, 2011, the Defendant had the victim borrow 500 million won from the K Union using the victim's land and ground buildings as collateral, Seongbuk-gu Seoul Metropolitan Government G land and building owned by the victim, and acquired it by receiving 294 million won from among them as the Defendant's I bank account (L).
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness M;
1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);
1. Complaint;
1. A real estate sale contract;
1.Each.