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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Since the Defendant intended to sell the land for factory in Asan City to C, the contract was reversed, and around October 2009, the contract amount of KRW 192 million out of the down payment 200 million was returned to the victim. However, at the time, the Defendant borrowed money from the victim with a false statement that it is necessary to borrow money in the “Bcker (fluor (fluoring it into a transparent liquid medicine, and fluoring it into a transparent liquid medicine) project with the amount of USD 100,000,000 in the dispute area, which is changed to the U.N. branch and flus of the United Nations, to support the government in the dispute area in Africa area.”
Around October 21, 2009, the Defendant returned the down payment of the said real estate at the victim C office operated by F in Ansan-si E Corporation (Seoul-si) and the Defendant borrowed the said F to the said F as “The fact that there is a case of investment in the development of the mine in Malaysia would soon occur, and if it is urgently required for the said project, the Defendant shall pay the expenses plus KRW 10 million for the incidental expenses incurred due to the termination of the real estate contract plus interest of KRW 25 million. The Defendant shall pay KRW 125 million until November 5, 2009, the remainder of KRW 25 million until November 30, 2009, and the Defendant received KRW 92 million from the victim to the industrial bank account (G) in the name of the Defendant on the same day as the loan date.”
However, in fact, the Defendant thought that the said money would not be invested in the development of the mine in Malaysia to use the money for the business of purchasing reagents for the realization of one's name "boom money," but the said business could not be guaranteed profits within a short time. At the time, the Defendant was liable for a debt of approximately KRW 950 million with real estate business, etc., and even if he borrowed money from the victim, the Defendant acquired the said money by fraud even though he did not have the intent or ability to repay KRW 135 million within the agreed period, as seen above, even though he did not have the intent or ability to do so.
Summary of Evidence
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