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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] The defendant was sentenced to six months of imprisonment with prison labor at the Seoul East Eastern District Court on May 24, 2006 and confirmed on November 9, 2006. On May 7, 2009, the Seoul High Court sentenced to four years of suspension of execution to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul High Court on May 7, 2009, and the judgment became final and conclusive on August 2009. On February 19, 2009, the judgment was sentenced to three years of suspension of execution to two years and six months of imprisonment with prison labor for fraud in the Incheon District Court Vice-Support of the Incheon District Court on September 10, 2009, and was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court on July 17, 2009 and the judgment became final and conclusive on January 28, 2016.
【Criminal Facts】
On October 25, 2005, the Defendant made a false statement to the victim E from the Defendant’s office located on the second floor of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, stating that “I will lend KRW 100 million to the victim E within three months, and the completion of the D building will be paid as a substitute if I cannot do so.”
However, in fact, F, upon receiving an excessive loan from a financial institution, was difficult to pay the interest of the loan amounting to about 14 billion won due to the loan and construction cost, etc., and even if the debt ratio exceeds 990% since 2003, F, which the Defendant provided as security, did not have any intent or ability to repay the loan amount, and there was room for dispute over D, which had already been sold to G on October 13, 2003, but it is unclear whether G continues to sell the loan amount to G, and thus, it was lower than the collateral value of 1208.
As above, the defendant deceivings the victim and thereby deducts the fee and interest from the victim on October 31, 2005 80 million won.