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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On May 11, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for perjury, etc. at the Incheon District Court, which became final and conclusive on May 19, 2012.
On December 30, 2010, the Defendant stated to the effect that, at the victim D’s office located on the eightth floor of the C building in Silung-si, the Defendant: “If the Defendant obtained the right to vicariously sell the F apartment in lots outside the Chungcheongnam-gun budget E and received the completion inspection from G Co., Ltd., the executing company for the F apartment in lots outside the Chungcheongnam-gun, and, in order to undergo the completion inspection, would obtain a loan of approximately KRW 8 billion from the savings bank as a defect repair as a deposit; and if the Defendant borrowed KRW 60,000,000,000, the Defendant would receive the loan within forty (40) days to repay the principal by adding the interest at the rate of KRW 5% per month to the principal, and will receive the sales contract for apartment bonds as security.”
However, in light of the fact, the above apartment complex was suspended due to the lack of construction cost in 2008, and it was not a situation where it would be possible to resume the construction with additional loan and undergo the completion inspection. G obtained the above apartment complex loan equivalent to KRW 4.5 billion from the Korean bank, etc. as collateral, and the construction cost that was not paid reaches KRW 5.3 billion, so there was no particular value in the above sales contract. The defendant thought that even if he was in a bad credit condition at the time and received the money from the victim, he did not have the intent or ability to pay the money even if he was paid the money from the victim.
Around December 30, 2010, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Suhyup Bank account under the name of the Defendant, and KRW 25 million to the Nonghyup Bank account under the name of the Defendant, Defendant H on the same day, and KRW 25 million to the Korea Cit Bank account under the name of the Defendant, his father, and KRW 25 million to the Korea Cit Bank account under the name of the Defendant, his father and wife.
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer against D, J, and K.