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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On July 8, 201, at around 12:00, the Defendant displayed the drawings related to the building project plan under the item of “F” at E office operated by the victim D in Kimpo-si, Kimpo-si, Kimpo-si, and the victim, and “A building permit has already been granted with respect to the land owned by the owner of the building. If the owner of the building intends to newly construct the manufacturing factory, 10 million won will be extended to the owner of the building, 10 million won will allow the construction of the factory on the said land to be carried out in return for the loan. In addition, 100 million won will be paid interest at 2:5% per month with interest added to 2% per month, and if the payment is not made until that time, 2.5% per month will be paid. It would be possible to create a subordinate mortgage on the above land, and due to the lack of the building permit, the land price increase and the value of the land is sufficient.”
However, in fact, the Defendant did not receive a building permit for the above land at the temporary intervals, and the Defendant had already been liable for a loan amounting to 268,6820,000 won, so even if he borrowed money from the victim, he did not have any intention or ability to repay the money.
The Defendant received KRW 86,061,50 from the Defendant’s agricultural bank account for loan 13:00 on the same day, and received KRW 1,000,000 in cash from the said office and received KRW 87,061,50 in total.
2. Around August 26, 2011, the Defendant made a false statement to the effect that “If the Defendant did not pay farmland diversion charges to the victim at the place specified in paragraph (1), the construction permit is revoked. If the Defendant borrowed KRW 30 million to be used as the farmland diversion charges, it would be repaid under the same conditions as KRW 100 million prior to the loan.”
However, the defendant did not receive a building permit as stated in Paragraph 1, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.