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Defendant
A For the crimes of paragraphs 1 through 3, imprisonment for a term of three years and crimes of paragraphs 4 and 5 for a term of crime.
Reasons
Punishment of the crime
(Defendant A) On January 18, 2011, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution at the Busan District Court. The above judgment became final and conclusive on June 2, 2011.
The Defendant is the representative director of G Co., Ltd. (hereinafter referred to as “G”) who is a company that implements complex shopping complex development projects in Busan Shipping Daegu and 13 parcels.
1. Fraud against the victim H [2013 highest 2759];
A. On January 22, 2007, the Defendant stated that “Around January 22, 2007, the Defendant would lend KRW 50 million to the victim H with business funds and will return only two to three days if he/she lends KRW 50 million to the victim H.”
However, in fact, from around 2004, the Defendant had from around 2004 to around 13, the complex value of the 42th floor above the ground surface in Busan Shipping Daegu and 13, and had been financed by several people as collateral the above development project, so even if receiving the above development project, it was thought that the Defendant would have been able to repay the existing debt even if he received the PF loan, and in fact, around August 14, 2008, the Defendant paid 7.36 billion won to nine creditors J et al. except the victim, etc., including the victim, even if receiving the PF loan from the beginning.
As such, the Defendant, by deceiving the victim, received KRW 50 million from the Busan Bank account (Account Number K) in the name of G on the same day as the loan money from the victim.
B. Around April 10, 2009, the Defendant made a false statement to the victim H that “The selling price of 228 multiple prices is KRW 740,023,000, but in particular, KRW 500 million is to be sold to the said G office.”
However, since the above complex price is real estate trusted to L corporation from August 7, 2008 to September 27, 2012, the above complex price could not be sold without the consent of L corporation which is a trust company, and even if the price is paid by the victim, the sale agency is allowed.