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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of five million won.
However, the defendant A.
Reasons
Punishment of the crime
The Defendant is a person who runs a new loan construction business in Yeongdeungpo-gu Seoul Metropolitan Government D, etc. while operating the 2019 Highest 891 (Defendant A) Company B.
1. On November 21, 2016, the Defendant: (a) around November 21, 2016, at the office of a stock company located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant: (b) “Around November 21, 2016, there is insufficient intermediate payment to purchase land for a new loan project from the Seoul Yeongdeungpo-gu G, H, and I ground; (c) KRW 100 million is to pay KRW 100 million in principal within three days after the construction approval of the loan; and (d) KRW 50 million in interest within ten days after the completion of the loan. If such payment is not possible, the Defendant newly constructed the loan and transferred the K L L L L (hereinafter “K L L”) registered in the name of the JJ. In order to secure the said debt, the Defendant prepared a sales contract stating that “The Defendant sells it in KRW 150 million,500,000,000 equivalent to the principal and interest of the loan to the victim.”
However, the Defendant had no particular property or profits, and could not use the bank account due to bad credit standing. The Defendant failed to repay approximately KRW 21,750,000 among the amount already borrowed by the victim, and even if having received the PF loan, there was no intention or ability to repay the amount to other creditors as agreed.
In addition, on September 9, 2016, the above K Lending L, which the defendant offered as security, had already been registered as a trust by M&A, which was the trustee, and N was also provided as security on October 4, 2016 and did not have value as security.
Accordingly, the Defendant, by deceiving the victim as above, got the victim to transfer the amount of KRW 100 million on November 21, 2016 from the victim to the account under the name of the victim on behalf of the defendant.
Part of the facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the defendant's defense right.