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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2013 Highest 8488"
1. On March 27, 2008, the Defendant made a false statement to the victim G through F before the Suwon-dong, Nam-gu, Incheon, Seoul, stating that “The Defendant would provide the victim G with the supply contract of H apartment as security, including interest, only to the extent of one month loaning KRW 150 million as the construction cost falls short of the construction cost for the elevator construction in Seoul.”
However, in fact, the Defendant continued to be in a bad credit position after a company (I) operated at around October 2007, and the said H apartment was not at the progress of the Corporation, and there was no intention or ability to repay the debt even if (i) the Defendant borrowed money from the damaged party due to the lack of any other property.
As such, the Defendant, by deceiving the victim, was given KRW 150 million as the borrowed money from the victim around that time.
2. On June 2009, the Defendant made a false statement to the victim G at the K Certified Judicial Scriveners Office located in the Nam-gu Incheon Nam-gu, Incheon, for the first time, stating that “A bond company will pay the principal and interest to the bond company within one month from the time it lends money to the bond company with the bond company as collateral on the land owned by the victim.”
However, the defendant had no intention or ability to repay even if (i) the company (I) operated at around October 2007 had been in bad credit standing and had no other property, and (ii) the defendant borrowed money from the injured party, such as denying the fact that he borrowed money from the injured party, etc.
The Defendant, by deceiving the victim, received KRW 40,150,00 from the injured party, around June 3, 2009, and transferred KRW 30,000 to the Defendant’s wife M account, and received transfer of KRW 59,80,000 in the name of the victim and received KRW 129,950,000 in total from the Defendant using it.
The defendant of "2015 Highest 3387" on June 4, 2008 shall be Incheon.