beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2014 Highest 55]
1. On June 28, 2007, the Defendant stated that “A victim D is a representative director who operates E, and a commercial building is still in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, the construction cost is insufficient. If a commercial building is leased KRW 50,00,00,000, the Defendant would pay the principal and the interest of five parts until July 28, 2007, when the commercial building is completed.”
However, at the time, the construction company operated by the defendant was unable to carry out construction with its own ability due to the aggravation of the financial situation of the company, such as bearing a large amount of debt, etc. The defendant could not yield profits from the repayment of the above loan even after the completion of the above construction project. The construction cost received from the owner after completion of the construction project was planned to disburse the amount payable for the construction cost of another construction site for the purpose of paying the amount payable for the construction cost, so even if the above money was borrowed from the victim, there was no intention or ability to pay
The Defendant, by deceiving the victim as above, received 47,50,000 won from the victim, deducting the prior interest from the account in the E name on the same day.
2. On September 11, 2008, the Defendant stated that “The Defendant shall set up a commercial building in the Dong-gu Daejeon-gu Daejeon-dong, Daejeon-gu, Daejeon-gu, and the cost of construction is insufficient. If the Defendant borrowed KRW 100 million at the same time, the Defendant would pay KRW 150 million with the interest, including KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
However, at the time, the construction company operated by the defendant was unable to carry out construction with its own ability due to the aggravation of the financial situation of the company, such as bearing a large amount of debt, etc. The above construction company was already under way due to the increase in the price of construction materials from the past, and even if the borrowed money from the victim is used as the construction cost, the additional construction is conducted.