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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On July 3, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court on July 3, 2014, and the judgment became final and conclusive on September 2, 2014.
1. On December 2006, the Defendant told the victim C to the effect that “if the Defendant invests KRW 150 million in the electric source housing business in Gyeyang-gu, the amount of KRW 150 million may be punished after one year,” at the Defendant’s office located in Seocho-si, Seocho-si, 2006.”
However, since such electric source housing business did not actually proceed, even if the defendant received an investment from the victim, he did not have the intent or ability to create the profit of KRW 100 million within one year.
Nevertheless, as above, the Defendant deceiving the victim as above, and acquired the victim as investment money by deceiving the victim of KRW 100 million around February 28, 2007, KRW 50 million around June 1, 2007, and KRW 150 million in total.
2. Around December 12, 2007, the Defendant: (a) committed fraud against the victim E; (b) around December 12, 2007, the Defendant suspended the Victim E to set up a warehouse on the land of an amount equivalent to KRW 10 billion at the market price; (c) the Defendant had any substantive right to the land and the ground warehouse; and (d) acted as if he had the right to provide money by leasing the warehouse with a loan of KRW 100 million.
However, the instant land is merely a land owned by the Defendant F in front of the Defendant, and the Defendant was merely performing the construction of a new ground warehouse by entering into a contract with G from the FID, and thus, did not have any substantive rights to the land and the ground warehouse, and did not have any authority to participate in the lease, and there was no particular income or property, and there was no intention or ability to pay the borrowed amount.
Nevertheless, the Defendant deceivings the victim as above and deceivings the victim, and at that time, KRW 100 million that the victim borrowed from the victim as security.