Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 2, 2011, the Defendant made a false statement to the victim B to the effect that “The Defendant shall pay interest within three months if he/she lends 140 million won as he/she needs to pay the amount to be paid to the victim B,” at a place not known to him/her.
However, in fact, the Defendant, at the time, purchased a number of land in the Yongsan-si and Goyang-si, Goyang-si and received the loan to the maximum extent and received the loan amount of KRW 3 billion. However, the total amount of the above land was set at a senior mortgage equivalent to KRW 4.1 billion, which was provided as joint collateral, and there was no real collateral value due to the situation in which the relationship of rights and interests was complicatedly connected, such as the provision of the above land as joint collateral, and thus, there was no real collateral value. However, the Defendant invested the loan of KRW 140 million, KRW 60 million,000,000,000,000 won, and KRW 400,000,000,000 won, in the Jungdong-dong Development Project, and there was no intention or ability to repay the money to the victim within the
Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) received KRW 100 million from the victim as a check on or around February 1, 201; (c) received KRW 10 million from March 2, 201; (d) KRW 25 million from March 11, 201; and (e) million from May 4, 201 to the C account in the name of each of the Defendant.
Accordingly, the defendant was given a total of KRW 140 million by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (report on listening to B telephone statements) and investigation report (report on interview between a criminal suspect and an complainant);
1. Response to credit information;
1. Court rulings;
1. Account details and account transaction statement;
1. Application of Acts and subordinate statutes of the Implementation Statement;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons
1. Scope of punishment by law: One month to ten years;
2. The scope of recommendations according to the sentencing guidelines (determination of types) shall be fraudulent.