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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On April 2014, the Defendant, at a construction site office located on D (hereinafter “instant land”) land in the middle and middle in order to compensate the victim E for KRW 130 million including the first priority interest, after completing a building on the instant land and receiving a loan from a bank.
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However, at the time, the Defendant owed to F Co., Ltd. a total of KRW 120 million to G, KRW 400 million to financial institutions, KRW 200 million to KRW 720 million, and KRW 20 million to the H land located adjacent to the instant land. Since additional funds were required with respect to the construction of a gate on the H land located adjacent to the instant land, the Defendant borrowed money from the damaged party to build a new building on the instant land, and even if he/she obtained a loan as security, he/she did not have the intent or ability to preferentially repay to the victim KRW 130 million to the victim.
In fact, the Defendant constructed a building on the instant land on January 2, 2015. On the same day, the Defendant loaned KRW 290,000,000,000,000,000,000,000,000,000 to F Co., Ltd., but paid KRW 120,000,000 to G, and used KRW 20,000,000 as on-site personnel expenses.
As above, the Defendant: (a) by deceiving the victim; (b) delivered the victim with his/her own check of KRW 46 million on April 30, 2014; and (c) obtained the Defendant’s personal check of KRW 19 million on May 14, 2014; (b) KRW 6 million on June 4, 2014; (c) KRW 5 million on June 12, 2014; (d) KRW 10 million on July 1, 2014; (e) KRW 10 million on July 1, 2014; and (e) obtained the Defendant’s personal check of KRW 5 million on July 18, 2014; and (e) acquired KRW 4 million on November 20, 2014, including KRW 500,000,000,000,000 from the account in the name of the Defendant’s wife.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of each police statement to E and J respectively;
1. Completion of responsibility - Statement of Preferred Performance for Obligations, Statement of Account Transactions and Details of liquidity transactions, each registry, copy of each check, copy, and undertaking;