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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 a pastor of the Escopic Escopic Association located in Hanam-si.
Around April 5, 2011, the Defendant, at a restaurant where it is difficult to know the trade name near the Daejeon Dong-dong, Daejeon-dong, Daejeon, the Defendant, “In order to newly construct Igin H at Jeju-si. There is no money to pay KRW 200 million as the farmland diversion development charges to obtain a building permit. This is a short-term lending of KRW 200 million to Jeju-gu. This is a short-term lending without relation to the progress of the construction. At present, the Defendant offered a loan to Jeju-do bank by April 30, 201, and thus, he/she would receive the loan and repay it.”
However, at the time of fact, the Defendant applied for a loan to the Jeju Bank, but failed to perform it properly despite being requested by the bank to submit materials to explain the ability to repay. The bank did not have any intent or ability to repay the loan from the victim, even if it did not have any other funds to repay the loan from the victim company due to the profitability review result of the said Dogwon's loan, and there was a situation where it is difficult to believe that the above loan will be made because the profitability would not be high enough to cope with the principal and interest. Even if the loan is made, the amount of KRW 650 million out of the loan should be used for the repayment of the existing obligation that the Defendant acquired from the J school. Since the remaining funds are provided to the Defendant step-by-step in proportion to the corporation's original ratio, it was eventually impossible to repay the loan from the victim. However, there was no other funds to repay the loan from the victim company, and there was no intention or ability to repay the loan within the period agreed by the victim company.
The Defendant, by deceiving G as above, received KRW 200 million from G to the Agricultural Cooperative Account (K) in the name of the Defendant on the 7th day of the same month from that month, and acquired it by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G, L and M;
1. The defendant;