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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
From around 2008, the Defendant purchased land in the course of establishing and operating C Co., Ltd. (hereinafter “C”) for real estate development, and paid down payment and intermediate payment by borrowing money from another person, and thereafter purchased land without the funds of the company by borrowing the land to be purchased as collateral and paying the remainder. The Defendant has developed and run a business to develop the land and repurchase it.
1. On February 2008, the Defendant made a false statement that “The Defendant, through F, purchased a “ 9709mm2” to the victim D through the “F” at the C office located in Sungsung-si, Ma, the Defendant borrowed KRW 100 million as the down payment is insufficient. If so, the Defendant purchased the said land and would pay KRW 150 million after six months thereafter.”
However, the Defendant did not have any particular property. However, the Defendant borrowed money from four persons, other than the victim, to purchase the above land, and the above land was not able to purchase the above land due to the dispute between the clan members with the land owned by the spaw-dong and the spaw-dong. In order to purchase the above land outside the above land, it was impossible to purchase the above land due to the dispute between the clan members. Even if it was delivered KRW 100 million from the victim due to the lack of financial resources, it did not have any intent or ability to repay KRW 150 million after six months.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100 million as a check from the above C Office around February 22, 2008.
2. On May 2010, the Defendant made a false statement to the effect that “If the Defendant purchased a “number of 1,464 square meters of populated G forest land” from our company to develop a factory site, etc., in order to sell it to KRW 400 million, the Defendant would sell it to the victim I in the above C office.”
However, the above land is true.