A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

Around January 2007, the Defendant stated to the effect that “B is the representative director of the project executor who will construct and sell a main complex building on the land outside Pyeongtaek-si G and 173 lots. If the Defendant borrowed KRW 250,000,000 with business funds, the Defendant would set up a collateral security right of KRW 90,000,000 with respect to the six lots of land of H, I, J, K, L, and M as part of the project site, until February 2, 2007, which is a part of the project site.”

However, there was no procedure for acquiring ownership, such as the conclusion of a sales contract for six parcels of land, such as the above H, and there was no intention or ability to provide a security for the repayment of the PF loan for the progress of the sale of a building on the ground of the above N 173 plot of land. In fact, even if money was borrowed from the victim, there was no intention or ability to provide a security for repayment.

Nevertheless, on January 12, 2007, the Defendant made a false statement, and caused the victim to deliver KRW 197,000,000 to the victim's agent at the notarial office located in the Gangnam-gu Seoul Metropolitan Government calendar Dong, Gangnam-gu, Seoul, through O, which is an agent of the victim.

Summary of Evidence

1. Partial statements of the defendant in the sixth protocol of trial;

1. Legal statement of witness F;

1. Partial statement of the witness P in court;

1. Statement made by a witness in the seventh trial records;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Investigation reports (Submission of the written intent to participate in the project and the written agreement of the project);

1. Application of Acts and subordinate statutes, such as a cash loan contract;

1. The same type of punishment as the order shall be determined in consideration of the fact that no damage recovery is made even after the lapse of a long time for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of criminal facts, the amount of damage, the same criminal records, etc.