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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is the representative director of the "H" established for the purpose of establishing and operating medical welfare facilities, etc. in the site of Jincheon-gun, Chungcheongnam-gun, etc.
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim I asked the victim I to lend KRW 600 million to the "K office" of the victim I operated in the jurisdiction of the Sinju-si, a considerable amount of Cheongju-si, and on the other hand, the defendant requested the victim to lend KRW 600 million to the victim. "When cancelling the collateral security established in the project site for the welfare facilities, the Korea Credit Guarantee Fund may be granted a guarantee to obtain a loan of KRW 4 billion from the Korea Credit Guarantee Fund, and on the other hand, the Industrial Bank of Korea may proceed with the construction of the facility funds. If the victim borrowed KRW 600 million at the termination cost of the collateral security right, the construction of the welfare facilities will be awarded to K and the construction cost will be repaid with the loan of KRW 600 million.
However, the Defendant did not have the ability to pay the construction cost, except for the loan by borrowing money from another person by lump sum payment, and even if the right to collateral security established in the business site with the above loan borrowed money from the victim is terminated, it did not have the possibility to obtain a facility loan due to the financial failure of the Plaintiff at the Dispute Settlement BankH. Rather, even if the Defendant borrowed money from the victim in the situation where the Plaintiff should provide the business site as collateral and raise additional funds, it did not have the intent or ability to give priority to the victim the construction contract promised to the victim or the loan money borrowed from the victim even if the said L site is provided as collateral.
Nevertheless, the defendant makes a false statement as above and belongs to it from the victim.
4. 19. The Fund shall be transferred to the H Corporation account in the name of KRW 600,000.