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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 31, 2009, the Defendant’s property status: (a) purchased the 169 household units of the C Building from the Korea Land Trust Co., Ltd.; (b) purchased the D Building 293 household units of the D Building at Jeju on September 16, 2009 in a lump sum; (c) sold the D Building 293 household units of the D Building at Jeju on September 16, 2009; (d) there was no profit if operating expenses were excluded due to the lack of proper sale; (e) in addition, the Defendant was required to pay the amount equivalent to KRW 2.5 billion in total with the personal debt amounting to KRW 2.5 billion in total incurred in implementing the F Apartment apartment sales business at Dong-si, Dong-si, Incheon; and (e) the Defendant was required to pay the amount of KRW 15.5 billion interest per month due to the financial institution loan amounting to KRW 2.5 billion in total; and (e) on November 24, 2010> there was no intention or ability to repay money to it.
2. Fraud against victim G;
A. On November 9, 2010, the Defendant, despite having no capacity to repay money even if he/she borrowed money, he/she made a false statement to the effect that “If he/she lends 150 million won only once, he/she shall calculate the interest as two copies per month, and make repayment by January 30, 201,” and then, he/she acquired KRW 100 million on the same day from the victim as a loan, and KRW 50 million on February 7, 201, respectively.
B. Around February 16, 2011, the Defendant, without the intent or ability to repay, borrowed money to the victim as soon as possible. If the Defendant borrowed KRW 20 million to the victim, he/she would immediately repay the money by means of false statement to the effect that he/she would have the victim, and then acquired the money by remitting KRW 20 million as a loan from the victim on the same day.
C. On April 19, 201, the Defendant borrowed money from the victim, but is the operating fund of the real estate sales brokerage company run by the Defendant.