Text
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3...
Reasons
Punishment of the crime
The defendant is the representative director of C, a real estate developer, who is operating the above company from around 2010.
On September 23, 2014, at the “E” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul around September 23, 2014, the Defendant deprived the Victim F of the ownership of the building by lending money to the Veterans Association.
There is no problem for the establishment of the above buildings on the face of the money borrowed from the Veterans Association.
B. A false statement was made within three months of lending KRW 50 million to B, stating that he/she will complete payment of KRW 100 million, including interest KRW 50 million.
However, even if the Defendant did not have any specific property at the time, he was liable to the Veterans Association for the debt of 23 billion won, other personal debt of 1.5 billion won, etc., and was in arrears with the local tax imposed on the above H building, and the Defendant was thought to have repaid the above money borrowed from the damaged party with the above H building.
At the same time, at the time, the defendant's application for the PF loan was not approved, and it was not clear whether the PF loan can be carried out by the above building. Even if the domestic PF loan is carried out, the loan is not the defendant but the land trust management for the defendant. Thus, the defendant did not have the intent or ability to repay the loan even if he borrowed the money from the victim as above.
The Defendant, as above, was issued five copies of the check to the victim himself/herself at the face value of KRW 50 million around September 24, 2014 from the victim by deceiving the victim and deceiving him/her.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. A letter of complaint, summary statement, and self-check check;
1. The current status of H buildings;
1. The official text and details of delinquent taxation in the future of debate; and
1. A real estate sale and trust agreement, and a standard contract agreement for construction works, which shall be concluded by the Corporation;