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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
From December 2, 2015, the Defendant used approximately KRW 700 million of funds borrowed without equity capital in the process of developing a real estate development project, such as the creation of a site for electric source housing, in which real estate of approximately 6,300 forest and field B, including the wife population B, is promoted.
On March 24, 2017, the Defendant made a false statement to the effect that “A notary public located in Songpa-gu Seoul Metropolitan Government C building site creation project is carried out from F of the available population F of the city, and a loan of 200 million won is short of the business fund, 200 million won will be used as the business fund and repaid one year later.”
However, at the time of fact, the Defendant borrowed approximately KRW 70 million from outside without equity capital and is under pressure to repay the principal and interest of the electric source housing site development project, and it was required to pay interest on the loan to the original owner by borrowing the site for the business as collateral and paying a part of the land price ( KRW 1.75 million). Therefore, even if the Defendant borrowed money from the victim, it was thought that most of the previous loan will be used for the repayment of the loan, and there was no specific method for raising funds for the electric source housing site development project in progress. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the loan due.
As above, the Defendant, by deceiving the above victim, received KRW 195 million as a check from the victim on the same day as the borrowed money, and acquired it by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Certified copies (Evidence No. 2), copies of receipts (Evidence No. 4), copies of the agreement (Evidence No. 20), and copies of the agreement.