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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)
A. On July 1, 2010, the Defendant made a false statement to the effect that he/she could re-sale an apartment if he/she had paid money to the victim N in the coffee shop at a time below the end of the port of distribution, and that “When he/she lends KRW 80 million to the company, he/she can get a large amount of gains from selling, he/she would pay 10 million, including the principal and profits of KRW 30 million until November 22, 2010.”
However, the defendant's debt was approximately KRW 2.4 billion, but the defendant owned real estate equivalent to the market price of KRW 2.0 billion but did not have property value at all at the time of establishing a mortgage. Even if the defendant borrowed money from the victim N because there was no other special revenue or property, it was thought that the principal and interest of other debt was repaid or the defendant was already used to purchase real estate for another person who borrowed money from the victim N, other than the victim N, and there was no other means that the defendant had no capacity to purchase the apartment house for the victim N.
As such, the Defendant, from that time to August 2, 201, deceiving the Victim N and transferred KRW 80 million on the same day from that time by the victim N, and from that time, from that time, until August 2, 2011, calculated by adding a total of 12 times, 795 million won listed in the separate sheet of crime (i), such as the list of crimes (i) in the same manner, to a total of 12 times, is KRW 795 million.5 billion. Therefore, the charge seems to be a clerical error in the amount of KRW 785 million in the indictment.
this shall be obtained and shall be acquired.
[2013Gohap43]
B. On November 1, 2010, the Defendant called the victim Y at the D Licensed Real Estate Agent Office located in Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, in order to pay the principal and profits within a short period after purchasing the land or apartment from the sold property if he/she lends money to Y.”