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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is a person who operates the “D” located in Gyeonggi-gu, which is specialized in the business of constructing hanok Housing.
[Basic Facts] The victim E invested an amount exceeding KRW 100 million to M in relation to the G, H, I, J, K, and L (hereinafter “this case’s land”). However, on May 3, 2011, M did not receive an investment refund while giving up its development, the victim E made a registration of establishment of a collateral security, the maximum debt amount of which is KRW 200 million, with respect to this case’s land.
【Criminal Facts】
On June 28, 2011, the Defendant: (a) by developing the instant land and by deceiving the victim to build and sell the hanok House; (b) obtained a loan from the Defendant’s office located in the Gyeonggi-si N, Gyeonggi-gu, by cancelling the right to collateral security on the instant land; and (c) concluded that “The Defendant would make a loan to the Defendant, who is located in the Defendant’s office located in the Gyeonggi-gu N, Gyeonggi-gu N, to build and sell the Han House House four new shares by making a loan to the instant land in accordance with F, the owner F, upon cancelling the right to collateral security on the instant land; and (d) on November 15, 201, the Defendant would make an investment in excess of KRW 1450,000,000.”
However, in fact, even if the Defendant obtained a loan by cancelling the right to collateral security from the victim and using the land, he thought that it would be used by the Defendant for the payment of the construction cost to another construction site or for the repayment of personal debts, and was liable for a debt equivalent to KRW 100 million, including taxes in arrears on credit information, and was unable to pay the wages of the victims employed at another construction site, so the Defendant did not have the intent or ability to sell the house or pay the investment gains by the execution of the Housing Construction Project until the agreed time.
Ultimately, the Defendant deceivings the victim as above and caused the victim to cancel the above right to collateral security around August 8, 201.