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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 499] The Defendant borrowed money from others with respect to the development of various lots of land outside Gyeonggi-gun, Gyeongnam-gun, and thus, did not have any intent or ability to repay the borrowed money due to the lack of the ability to raise the funds required for the development project. In addition, the Defendant did not have any intention or ability to pay the borrowed money due to the lack of any specific income or special property.
1. On April 2007, the Defendant against the victim F made an auction at the H company office located in G in G in Kimhae-si, Kimhae-si, Kim Jong-gun, etc. The Defendant is entitled to receive a successful bid at an auction and pay high profit if the Defendant developed and sold the above site into the house site. However, in order to resolve the right to retention of the above site, the Defendant would have repaid KRW 300 million to the victim as if he borrowed money as the amount of KRW 160 million is required to be sold in lots. The Defendant received KRW 160 million from the victim around May 17, 2007, and received KRW 228,300,000 from around that time to April 2, 2010 as stated in the list of crimes.
2. On April 15, 2007, the criminal defendant against the victim I was transferred KRW 165,500,000 to the victim I in total five times in total, as shown in the attached Table of Crimes (2) as follows: (a) at the place specified in paragraph (1) around April 2007, the criminal defendant against the victim I: (b) falsely stating that the land was sold after being awarded a successful bid at the auction and being sold in lots as a house for electric source; (c) however, if the successful bid price is short, the defendant would be paid five additional interest within three months if he/she borrowed money; and (d) he/she received KRW 50,000 from the victim to the J account under the name of the victim on May 15, 2007, and received KRW 165,500,000 from the victim.
3. On May 11, 2009, the Defendant against the Victim K did not pay part payments to the Victim K in the process of purchasing the said L at the location described in paragraph (1) of the same Article.