beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Majority Opinion] On August 31, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court, which became final and conclusive on June 27, 2013.
[2013 Highest 2372] The Defendant, as the representative director of D Co., Ltd., was engaged in the real estate leasing and selling business, and completed the building E in Kim Sea-si on September 14, 2007.
1. On September 1, 2006, the Defendant: (a) borrowed money from the victim G within the office located in Kimhae-si F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. the Defendant received the Defendant’s account on September 15, 2006, and acquired the Defendant’s total amount of KRW 200 million by receiving the KRW 7,000,000,000 from the damaged person, by receiving the Defendant’s account from each of the Defendant’s account, with no intent or ability to complete payment even if he borrowed money from the victim G; and (b) by receiving the amount of KRW 200,000,000,000 from the damaged person’s account after three months from September 21, 206.
2. On September 2, 2007, the Defendant listens to the statement that the amount of loans for the commercial buildings of this case 108,000 won is KRW 410,000,000,000 from the Standing Council of the International Saemaul Bank of Korea located in Kimhae-si, Kim Jong-si. Even if the victim received a loan from the International Saemaul Bank of Korea, it does not have the intent or ability to pay the above loan interest and principal on behalf of the victim normally. However, although the victim did not have the intent or ability to pay the above loan interest and principal on behalf of the victim, the Defendant prepared a sale contract and received the above 108,00,000,000,000,000 won from the Saemaul Bank of Korea to pay the balance from the Saemaul Bank of Korea on October 2, 2007, which is equivalent to the balance of the loan money of the said corporation by having the victim pay the above 108,000,000 won as security.