A defendant shall be punished by imprisonment for a term of one year and eight months.

Punishment of the crime

[2012 Highest 1084]

1. On August 13, 2010, the Defendant borrowed money from the victim for the purpose of the construction cost, but did not have the intent or ability to repay it, the Defendant received from the victim, “F, the owner of the building, who is the owner of the building, of the building, of the building, was entrusted with the new construction work to B,” and “F, the owner of the building, of the building, of the building, of the building, of the building, of the building, of the building, of the building, of the building.” The Defendant received from the victim, namely, KRW 10 million.

2. The Defendant did not have the intent or ability to repay money from the victim for the purpose of the construction cost even if he borrowed money from the victim. The Defendant did not obtain delegation from G, the owner of the instant house as collateral for payment in lieu of payment in lieu of the Plaintiff’s mother G-owned G-owned G-owned G-owned G-owned G-owned G-owned G-owned G-owned G-owned G-owned G-owned G-owned G-owned house, and even if he did not intend to offer the pertinent house as collateral, he did not intend to dispose of the house in lieu of payment in lieu of payment in lieu of payment in lieu of payment in lieu of the said house. On September 15, 2010, the Defendant presented a certificate of personal seal impression issued to the victim and received KRW 20 million from the victim, namely, “If he/she did not pay the money by December 15, 2010, the mother would lend the construction cost due to the shortage of construction cost at the E-owned construction site.”

3. Even if the Defendant borrowed money from the victim for the purpose of the payment of the construction cost, the Defendant did not have the intent or ability to repay the money. The Defendant did not receive delegation from G to offer the Defendant’s maternity G-based H, I, and J ground K-based housing as collateral for payment in kind to the victim, and even if there was no intent to offer the pertinent housing as collateral for payment in kind, it was done as if the Defendant was delegated with the right to dispose of the K-type housing at the same place as the foregoing paragraph (1) from G around October 27, 2010, and the victim was a certificate of personal seal impression in G name.