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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 8, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a crime of fraud at a means of flood control on August 8, 2012, and the above judgment became final and conclusive on August 17, 2012.
Criminal facts
1. The Defendant: (a) was a person who was engaged in the business of providing services to land owners with a written consent for land sale in relation to the third party apartment building project conducted by Sam-gu C&C Co., Ltd. (hereinafter “C&C”); and (b) was unable to provide funds in relation to the above services; and (c) was able to borrow money to victims D.
On October 1, 2008, the Defendant, at a container office located in C at Silung-si around October 1, 2008, told the victim D to “in relation to the construction of a new apartment in Sam-gu, the Defendant received land sales contract and written consent from the said land owners. However, the Defendant borrowed KRW 20 million and borrowed KRW 20 million within 3-4,000,000,000,000 from the victim immediately, received money from the victim to the new cooperation account in the name of the Defendant.
However, at the time of fact, while the above apartment project is being conducted a business that must purchase the entire site of the private development project, while the public corporation and the financial company that will provide the loan to the project is not selected, and even if the landowner obtained the landowner’s consent to sell the land, it was not possible to complete the apartment project immediately, so even if it was borrowed money from the damaged party, it would not have any intention or ability to repay the money within 3-4 days, thereby deceiving the victim by deceiving the money of KRW 20 million.
2. On December 29, 2008, the Defendant stated that “Around December 29, 2008, at the same place as the above paragraph 1 above, the Defendant would immediately return KRW 40 million to the injured party, i.e., “A apartment site has been sold or sold, and a site purchase may be completed, which has to be adjusted up to this time, but if a site purchase is not sufficient, up to KRW 20 million loaned up to KRW 20 million, it shall be combined up to KRW 20 million prior to a month.”