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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[Basic Facts] The Defendant would assist the victims in getting loans necessary for the acquisition of the building by means of the victim D, victim E, and victim F, who were trying to take over the building in the large exhibition of the building in February 2014.
In other words, during the process of the above building acquisition with the victims, the victims proposed that "it is possible to take over H and I on the ground of the 27 billion won or more because it is possible to take over H and I on the inside of Gyeonggi-do, G-do, the owner of G, and therefore, I will not take over the above building without profitability, and I will take over it," and the J Co., Ltd. was established on June 2, 2014, along with the victims.
[2] Around May 2014, the Defendant stated that, at the Defendant’s office located in Seocho-gu Seoul Metropolitan Government K and 806, the Defendant loaned KRW 50 billion to the victims the funds of KRW 50 billion, which is the former owner of L, as the purchase cost of the I site and the construction cost, and L borrowed the above KRW 50 billion. In order to purchase the said real estate from G Co., Ltd., the owner of I and the site thereof, the Defendant borrowed KRW 5 billion as the down payment, etc. from L to KRW 30 million.
However, in fact, the Defendant only lent KRW 5 billion to G for the purpose of proof of balance from L, and even if the victims receive the above KRW 5 billion, it could not be paid as down payment, etc. In the end, even if the victims receive KRW 300 million from the victims, the Defendant did not have any intention or ability to lend KRW 5 billion, such as down payment, to G Co., Ltd. even if the victims received KRW 300 million from the victims.
Nevertheless, as seen earlier, the Defendant, by deceiving the victims, received the amount of KRW 30 million from the victims on May 2, 2014, and received KRW 270 million around June 3, 2014 as cash and check and acquired the amount of KRW 270 million from the victims.
Accordingly, the defendant deceivings the victims and 300 million won.