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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 14, 2010, the Defendant stated that “Around November 14, 2010, the Defendant made a false statement to the victim D, stating that “A contract deposit amount of KRW 220,000,000 is needed to be paid within 3-4 days and KRW 1,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
However, in fact, the Defendant lent approximately KRW 1.5 billion to F and G from around 2006 to around 2010, or offered the above apartment as collateral to the Defendant’s ownership, but was not able to recover the claim from the said obligor with the exception of interest of KRW 20 million. The above apartment owned by the Defendant was already sold at a voluntary auction around November 10, 201, and the Defendant had no intent or ability to repay the claim even if he/she received money from the victim because he/she did not invest the said money in the call tex project and did not want to invest the money again to the F.
On November 15, 2010, the Defendant was issued KRW 220,000,00,000 to the victim, such as a cashier’s check, a cashier’s check, a cashier’s check, and a cashier’s check of KRW 1 million.
Summary of Evidence
1. A witness D's legal statement (in particular, a statement that the victim does not consent to re-investment of the money that the defendant received from the victim in F);
1. The prosecutor's interrogation protocol of the accused;
1. Application of Acts and subordinate statutes to a loan certificate, real estate register, and certificate;
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. Grounds for sentencing under Article 62(1) of the Criminal Act (see the following grounds for sentencing)
1. Sentencing criteria presented by the Sentencing Committee;
(a)an advisory sentence;