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Defendant
A shall be punished by imprisonment with prison labor for a period of two and a half years, and by imprisonment for a period of six years.
Defendant
A is 1.1.
Reasons
Punishment of the crime
Defendant B was the representative director of H Co., Ltd. established for the purpose of the construction business, etc. located in the Busan Dong-gu G (hereinafter “H”) and from October 2010, Defendant B was a person operating the company as a substantial representative after exceeding the representative director in the name of Defendant A.
1. Defendant B
A. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), was aware of the fact that the victim K, L, Busan Dong-gu M, N22.4 square meters of land was being distributed in lots to the Nam-gu, Busan, Busan, and the Republic of Korea, and was heard from J's brokerage assistantO, which was known to the effect that the Defendant would purchase the instant land to the victims, and was willing to receive the instant land from the financial institution as collateral and make a false statement to the victims that the Defendant would receive the instant loan from the financial institution as collateral and to obtain the loan from the victims.
around 17:00 on January 18, 2012, the Defendant provided a victim K with the second floor of Q Hospital located in P, Busan, to purchase the instant site as collateral, and provided a loan of KRW 9.5 million from the original branch of the Yongnam Bank as collateral, and KRW 1.1 billion from the loan of KRW 2.55 million from the other real estate owned by the company at the several East East East East East East branch.In lieu of receiving the loan by the passbook in the name of the company employee, the Defendant provided a loan by the passbook in the name of the head of R, the Defendant made a false statement that “If the loan is deposited, it will be withdrawn and exempted.”
However, since H's financial status has deteriorated from around 2009 to the end of monthly pay, and since 2010, the construction and implementation had never been conducted since 2010, H did not have the ability to purchase the instant site in the name of the corporation, and the Defendant did not intend to obtain a loan from the victims.
The defendant is against the victim of this case.