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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is the representative director of C corporation.
1. On July 17, 2014, the Defendant against the victim D has the right of retention and business rights on G apartment units completed by C at the C Office of the Co., Ltd., Ltd., Ltd., Inc., Ltd., which is located in Bupyeong-si E and 505, as of July 17, 2014.
It is intended to lend money to the apartment construction. It is intended to pay off the money.
“.....”
However, at the time of fact, the defendant company and C did not secure G apartment lien and business right, and the auction procedure on the above apartment site and the buildings not completed was under way, and the construction funds necessary for the completion of the above apartment were not raised, so the victim could not be subject to electrical construction, and the defendant did not have any intent or ability to repay even if he borrowed money from the victim because there was no property or income.
On the same day, the Defendant received a total of KRW 5,1460,000 from the injured party to the Japanese bank account (Account Number:H) in the name of the Defendant, and acquired the money by fraud from the time to July 21, 2016, including the transfer of KRW 1 million,00,000 from the injured party.
2. On August 20, 2014, the Defendant against the victim I had the right to retention and construction of apartment houses newly built in C in JF at the time of J of the State Party C through the victim I at the office described in paragraph 1 of the same Article.
First of all, it is intended to lend 5 million won to pay money within 10 days and to have apartment facilities installed.
“A false representation was made.”
However, at the time of fact, the defendant company and C did not secure G apartment lien and business right, and the auction procedure on the above apartment site and the buildings not completed was under way, and the construction fund necessary for the completion of the above apartment was not raised.