A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2012 Godan973] Around June 2010, the Defendant had the intent to newly construct a main apartment complex by inserting the construction cost of approximately KRW 5.4 billion on the land of Ansan-si C and D, and around June 17, 2010, the Defendant purchased the said land from E, the owner of the said land, for KRW 83 billion on June 17, 2010, and paid KRW 50 million on the contract date, the intermediate payment of KRW 250 million on July 27, 2010, the remainder payment of KRW 530 million on August 17, 2010.

Since then, the Defendant paid to E a down payment of KRW 50 million on June 17, 2010, and KRW 80 million on July 27, 2010, which is part of the intermediate payment, to E, and was unable to pay the remainder of the intermediate payment and the balance due to the lack of funds.

On August 2010, the Defendant concluded that “Around August 2010, the victim F Co., Ltd. had only one land in G, and if the Defendant newly constructed and sold the 12th floor apartment complex on that land, the KRW 1.5 billion may remain. If the Defendant borrowed KRW 300 million, he/she newly constructed an apartment and newly built the apartment around October 201, that he/she will repay the principal amount of KRW 300 million to him/her, and that he/she will make an apartment bond of KRW 45,00 as interest.”

However, the fact that there was no intention or ability to construct apartment by financing the construction cost.

On December 7, 2010, the Defendant enticed the victim as such, and acquired from the victim the total amount of KRW 120 million under the same name as the loan, KRW 90 million on December 21, 2010, KRW 10 million under the same name as the same on January 13, 201, KRW 70 million under the same name on January 28, 201, KRW 10 million under the same name as the same on January 28, 201, KRW 10 million under the same name as the same on February 28, 2011, and KRW 20 million under the same name on March 4, 201.

[2012 Godan1406] On June 28, 2012, the Defendant caused the injury of the victim, i.e., acute climatic salt, etc., that requires approximately three weeks of treatment, by pushing the victim’s breast part by hand, at the end of the 69 years of age and Si expenses, due to the real estate transfer in front of the “I” restaurant located at Ansan-si, Ansan-si.

Summary of Evidence

[2012 Highest 973]

1. Defendant's legal statement;

1. The witness F’s legal statement, and the witness J.