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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 15, 2019, the Defendant told the victim that “in the course of talking about the money borrowed by the Defendant from the victim D prior to the Busan District B’s coffee specialty, the Defendant may obtain a loan of 30% of the purchase price of the apartment at the interest rate of 1% from E if he/she has worked in the E personnel department, and there is any written recommendation in the E, he/she may obtain a loan from the victim at the interest rate of 1% from E., and the difference may remain if he/she purchases an apartment without one apartment and sells it to another.” The Defendant had the victim prepare documents necessary for loans, such as a certificate of personal seal impression.
On March 18, 2019, the Defendant stated that “G” located in the Busan Shipping Daegu F, Busan, around 19:00, the Defendant loaned 20% of the purchase price to the victim in cash on the part of E under the name of deposit. The purchase price of the apartment is KRW 351,00,000,000, which is 10% of the purchase price and KRW 35,100,000,000,000. The account is managed in E. The Defendant displayed the supply contract of the H apartment, displayed the name of the Defendant’s female job-friendly I, and received the above certificate of personal seal impression from the victim.”
However, in fact, the Defendant did not have the right to get a loan from E at low interest because he did not work for E, and even if he received 10% of the purchase price of the above apartment from the victim, he did not have the intention or ability to lend 20% of the purchase price of the above apartment.
Nevertheless, on March 19, 2019, the Defendant, by deceiving the victim, received 35,100,000 won from the victim to the J bank account (Account Number:K) under the name of the deposit money related to the loan of the purchase price of apartment from the victim.
Accordingly, the defendant was given property by deceiving the victim.