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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On May 27, 2016, the Defendant called the victim C and sent the down payment to F Co., Ltd. F that manages the “Eimitt,” which was interrupted by the Da, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant must send KRW 2.365 billion from the private finance to borrow down payment.
I first lend KRW 200 million to Rusman, participate in the project with a marking of the Marina, and give rise to shares;
5. On 30. 30. 30. The Bank may promptly return money borrowed at a rate of 3 billion from our bank.
“.....”
However, it is anticipated that the amount of KRW 20 billion will take place in order to implement the above business, and the defendant applied for KB Investment Securities and Sub-State Securities to grant a loan, but the above financial institutions only received conditional commitments premised on the acquisition of land and the completion of the acquisition of all kinds of authorization and permission, and thus, it was extremely inappropriate to secure funds. There was no plan to receive a loan of KRW 3 billion from the bank around May 30, 2016.
Although the Defendant failed to prepare a minimum amount of funds necessary to meet the premise of securing land, the Defendant was in a situation where he did not prepare a detailed business implementation, financing and repayment plan in addition to a remote plan to raise funds from the land-related companies, etc. to pay part of the down payment and to proceed with the remaining business by additionally obtaining a loan. Moreover, the Defendant was in a situation where there was no particular fixed revenue or active property at the time and there was no fund-raising situation, and the Defendant did not pay the interest margin of the existing bonds because he did not pay it to the damaged party. Therefore, even if he was paid money from the damaged party, he did not think that it would be used for interest payment and personal purpose, and did not have any intent or ability to repay the money borrowed from the victim by making a loan.
Nevertheless, the Defendant.