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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Criminal Power] On April 16, 2015, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Western District Court, and the above judgment became final and conclusive on November 12, 2015.
【Criminal Facts】
When the Defendant operates Mapo-gu Co., Ltd. Co., Ltd. in Mapo-gu Seoul, and his spouse borrowed KRW 700 million from the Korea Credit Guarantee Fund, the Defendant jointly and severally guaranteed the Defendant’s business at the time of borrowing KRW 700 million from the Korea Credit Guarantee Fund. Since April 201, E had been in management difficulties, while the Defendant supported it, the Defendant’s business could not proceed smoothly
Accordingly, the Defendant knew that he was the victim F, who borrowed the money with his knowledge, has the ownership to the 1/2 share of the H building in Mapo-gu Seoul Metropolitan Government H building (hereinafter “instant real estate”) registered in the name of the Defendant’s mother, which was registered in the name of G (hereinafter “instant real estate”). As such, the Defendant attempted to acquire the money by deceiving the victim as if he would have transferred the ownership of the instant real estate at the time of the failure
1. On April 201, 201, at a place where the place is unknown, the Defendant made a false statement that “Around April 6, 2011, the Defendant would demand the victim to make an advance payment at a Chinese factory and sell goods to Japan, and deliver goods to Japan, and complete the payment of the goods in installments after 2-3 months. It is necessary to make an advance payment. If he/she fails to pay money, he/she will transfer ownership of 1/2 shares of the Mapo-gu Seoul Mapo-gu H building under his/her name.” On April 6, 2011, the Defendant provided the victim with the instrument of borrowing G in the name of G and the certificate of the personal seal impression affixed to G in the name of the Plaintiff located in Gangnam-gu Seoul Metropolitan Government.
However, as above, the defendant did not have the ability or will to offer the real estate ownership of this case as a normal security because he did not obtain G consent.
The defendant deceivings the victim as such.