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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant pays 210,000,000 won to the applicant for compensation by deceit.
(e).
Reasons
Punishment of the crime
The defendant is a person who has worked as a member of the company of Heak-gu Seoul Metropolitan City D Co., Ltd.
Around May 15, 2006, the Defendant: (a) at the Seocho-gu Seoul, Seocho-gu, Seoul; (b) the victim C was awarded a successful bid by the Cheongju District Court at D Co., Ltd., Ltd., which had been employed in the Republic of Korea without charge; and (c) the Defendant was preparing for a Cheongju-gu shopping mall business. The Defendant requested from financial institutions for a PF loan to secure loans; (d) the loan requires urgent operation funds during the above period; and (e) he borrowed money; and (e) even if the loan is not extended, he would be repaid only once a month thereafter. However, the PF loan applied by the D Co., Ltd. to financial institutions, such as the Daedong-gu, Seoul; (b) it was uncertain that it was impossible for the D Co., Ltd to receive payment guarantee from the Corporation on the ground that it was not possible to pay the successful bid price for real estate in the above Cheongju-gu, Seoul; and (c) the Defendant had no obligation to repay the PF loan to the 1500 million won.
Accordingly, the defendant deceivings the victim as such and acquired 210 million won by receiving 20 million won as the borrowed money from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C, H and I;
1. A statement of performance;
1. Application of the Acts and subordinate statutes of the letter of intent to lend and handle loans;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;
1. Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution