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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
[2012 Highest 2357] On February 18, 2011, the Defendant stated to the effect that “E” (E) was granted a loan of KRW 70 million in the name of the company office located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and paid KRW 20 million out of the loan to the party under the name of the contract deposit for the acquisition of the G Educational Association located in the 7th floor located in the building located in the building located in the Dong-gu, Seoyang-gu, Seoyang-gu, Busan-gu, the Defendant paid KRW 50 million to the party under the name of the contract deposit for the acquisition of the G Educational Association.”
However, the Defendant was thought to use the money borrowed as collateral for restaurant operating expenses and repayment of bond interest, etc., which the Defendant operated, so even if he received such loan, he did not intend to use it as construction cost for the building of the GGG association or take over the said church, and there was no intention or ability to repay the loan due to the lack of property or income under the name of the Defendant.
As such, around February 21, 201, the Defendant, by deceiving the victim and causing the victim to borrow KRW 70 million from H and I, had the victim obtain pecuniary benefits equivalent to the same amount by creating a collateral security right with the maximum debt amount of KRW 100,000,000 from H and I.
[2012 Highest 6397] The Defendant, while preparing for graveyard projects, was aware that it was possible to grant authorization only as an incorporated foundation while the Victim J prepared for the graveyard projects, and was able to obtain money by gaining access to the victim.
Around July 2011, the Defendant made a false statement to the victim’s JJ office located in Suwon-gu K and 201, stating that “The Defendant would request the employee in charge of the Gyeonggi-do Office to grant permission to the Foundation by requesting the funds to be carried out,” and that the Defendant received KRW 500,000 from the victim around July 28, 201.