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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant established a stock company C for the purpose of new construction and sale of housing and real estate consulting, and was engaged in the construction and sale of new apartment units with a scale of 331 units units on the 26th parcel, both D and 26. (hereinafter “the construction and sale of apartment units in this case”).
However, as a result of the lack of funds in the process of implementing the instant new apartment construction and apartment sales business, the Defendant started to enter the victim F who was introduced through E around June 2009 into the Seoul office located in Ulsan-gu G Co., Ltd. in the Nam-gu Seoul Metropolitan City and planned to sell the apartment to the Defendant, and the Defendant had already secured the land. Therefore, only the construction works will immediately enter the sale of the apartment.
Although a three-month period may not be passed, it was changed to lend KRW 200 million to the effect that it is possible to repay within a maximum of three months and the right to sell apartment units as an agent.
However, at the time, the Defendant borrowed KRW 2.8 billion from the highest mutual savings bank to the funds necessary for the implementation of the new construction and sale of the apartment in this case. The land for the new construction and sale of the apartment in this case was trusted to the current real estate trust (the current one asset trust), and only he/she was liable to pay KRW 1.2 billion to H, and even if he/she borrowed KRW 200 million from the damaged person due to no special property, he/she did not have the ability to repay the above loan amount within three months.
In addition, it is not possible to raise funds to pay KRW 200 million of the loan amount within three months through the implementation of the new apartment construction project in this case, because the new apartment construction project in this case was not carried out as soon as the completion of the selection of the construction project and the commencement of sale within three months as the defendant's end at the end.
Nevertheless, the defendant would be able to fully repay the above loan amount of KRW 200 million within three months at any time.