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Defendant shall be punished by a fine of eight million won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 21, 2011, the Defendant made a false statement to the effect that, “The purchase and sale contract for other land currently promoted in the Republic of Korea is the same as the price of the said land, and the money will be immediately entered into the said land,” which read, “The Defendant would pay part of the purchase price of the said land by using the money if the purchase and sale contract for the said land was made in high seas as security, and the remainder would be paid if the said sale and sale contract for the said land is in progress,” which is the victim D at the instant coffee shop in Gangnam-gu Seoul building underground.
However, in fact, even if the Defendant borrowed the above land as collateral, he voluntarily intended to use the said land as the purchase price of another land that he purchased, and the Defendant had a debt of KRW 300 million or KRW 400 million at the time of the purchase and sale of the land that the Defendant promoted was in the absence of a purchaser, and thus, even if he borrowed the land as collateral, he did not have the intent or ability to pay the purchase price of the pertinent land properly.
Around January 24, 2011, the Defendant, by deceiving the victim as such, obtained pecuniary benefits equivalent to the maximum debt amount of KRW 180 million against the said three parcels of land owned by the victim, by allowing the victim to set up a collateral security right of KRW 120 million with the maximum debt amount of KRW 100 million against the said three parcels of land owned by the victim in order to borrow KRW 701,00,000 from H from H at the office of the lease company of Tehis Building 70,52-ro, Gangnam-gu, Seoul.
Summary of Evidence
1. Legal statement of witness D;
1. A protocol concerning the suspect examination of the accused;
1. A sales contract, a contract establishing a mortgage, a certified copy of a register, the defendant and defense counsel paid the balance when the land in this case or other land owned by the defendant is resold.