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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is the representative director of D (hereinafter referred to as "D") who is in charge of the implementation of the building C in Seoul Special Metropolitan City, Gwanak-gu.
Around July 3, 2010, the Defendant explained the progress of the business to the victim F F who was aware of the aforementioned D’s prior representative director in the coffee shop, and provided on-site confirmation, and then, “The value of the unsold apartment part of the above building is KRW 10 billion, and the value of the unsold apartment part is KRW 30 billion, and it is worth KRW 40 billion in total. The claim against the building is KRW 2.3 billion, and the claim for reimbursement is KRW 5.9 billion in the E’s father G, who is the former representative director, to be reimbursed for G’s claim for reimbursement. In order to be reimbursed for G’s claim for reimbursement, it is necessary to promptly proceed with provisional attachment on the building, and it is necessary to deposit the pre-paid deposit with the court for the purpose of deposit KRW 500 million, and it is impossible to use it for any other purpose within 500 million, and there is no problem to have the victim deposit deposited within 500 million,000,000 won.”
However, the defendant thought that the money borrowed from the victim F for the purpose of deposit was used for the repayment of personal debt, and there was no intention or ability to pay the money on the date of repayment because the defendant did not own property at the time and the company's financial status was not good.
Nevertheless, the Defendant, as seen above, by deceiving the Victim F and by deceiving the Victim F, remitted KRW 500 million from the Victim F to the Party I’s account from the F on July 5, 2010, to the E’s account.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness H, E, and F;
1. The loan agreement and the letter of decision on provisional seizure;