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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On April 12, 2017, the Defendant was sentenced to the suspension of the execution of two years for fraud in the Changwon District Court Msan Branch for eight months, and the said judgment became final and conclusive on August 18, 2017.
The defendant was aware that the victim B, who had had legal counseling as the head of the office of the attorney-at-law, provided real estate as security and borrowed money from the damaged person, with the knowledge that it was irrelevant to the real estate investment or law, and was able to bring profits from money within a short time, and acquired money from the damaged person.
1. On October 1, 2013, the Defendant shall acquire 35 million won, i.e., expenses for completion inspection of Yongcheon-si C lending, and the victim requires KRW 35 million at the attorney-at-law office located in Daegu Suwon-gu D, Daegu-si, to the victim at the E-office located in Youngcheon-si, Incheon-si, and requires KRW 35 million at the completion inspection cost.
In order to lend money, completion inspection shall be conducted with the money and full payment shall be made after one week.
As security, the loan borrowed money was borrowed with the registration as the owner of the above sub-paragraph of the F. The loan was false.
However, in fact, the above lending price of KRW 120 million, which the Defendant offered as security, was 100 million, and there was no value as security for the creditors G, the maximum amount of KRW 123,500,000 for the principal and interest of the loan of KRW 120,000. At the time, the Defendant did not have any financial condition sufficient to file a petition for bankruptcy with the court in excess of KRW 100,000 for financial institution obligations. Since only a part of the amount borrowed from the victim was paid to the construction company, and the remaining Defendant had no intention or ability to use it for personal purposes, even if he borrowed money from the injured party.
As above, the Defendant: (a) by deceiving the victim as above; (b) received KRW 4 million from the damaged party; (c) KRW 30 million from October 4, 2013; and (d) received KRW 35 million from the Defendant’s account in the name of Suh H; and (c) received KRW 35 million in total from the damaged party.
2. Construction Costs under Yongcheon-si Jlllle 2.