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Defendant
A and C shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for six months.
except that from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 4040]
1. On December 9, 2009, the Defendants’ co-principal Defendants made a false written contract stating that “if 100 million won is invested in the I land in the Gyeonggi-si Office G Office, the victim H would repay the principal and 200 million won added up to the principal after three months, and if delay is due to reasons such as permission, 3% interest on the principal and principal will be repaid.” However, even if the Defendants received KRW 100 million from the victim, it was difficult for the victim to recover KRW 200 million within three months even if it was not clear whether the permission for the development of the above land was granted, and if permission, etc. was delayed, the Defendants did not have any intent or ability to reimburse the victim of KRW 100 million and interest on 3% interest on the principal and principal.
Nevertheless, the Defendants received transfer of KRW 50 million from the victim to the national bank account in the name of Defendant A, and received KRW 50 million from the said account around December 21, 2009.
As a result, the Defendants conspired to attract the victim to receive a total amount of KRW 100 million.
2. Defendant C made a false statement to the effect that Defendant C would make a registration of ownership transfer under the victim’s name until September 14, 2013, at a place where it is unknown on September 10, 2013, that “the funds are needed to purchase access roads from J, the owner of the access road to I land in Gyeonggi-do. If the funds are leased KRW 10 million, Defendant C would make a registration of ownership transfer for the said land under the victim’s name. However, Defendant C did not have any intention or ability to make a registration of ownership transfer for the said land under the victim’s name.
Nevertheless, the defendant C was delivered from the victim i.e., KRW 10 million.
As a result, Defendant C was given property by deceiving the victim.
[2014 Highest 6573]
1. Defendant A, around February 23, 2012, at Hanwon-si, the 15-lane unit.