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Defendant
A Imprisonment with prison labor for three years and for one year, respectively.
Reasons
Punishment of the crime
[Criminal Power] Defendant B was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on June 27, 2014 and was sentenced to ten months for the same year.
7. 5. The above judgment was finalized, and on April 17, 2015, the same court was sentenced to imprisonment for a period of two years and six months for fraud;
6. 15 The above judgment became final and conclusive.
[2] The Defendant, in collusion with F and G, received a loan from F and G to use the G (hereinafter “instant land 1”) as collateral, in order to use the loan by dividing it into two parts.
Around 10:00 on March 29, 2013, the Defendant concluded that “The Defendant would receive the instant land from the creditor company as collateral and sell it to the creditor company and then lend KRW 4,50,000 to the creditor company KRW 4,50,000.”
However, even if the victim provided the land No. 1 as collateral, the Defendant did not have the intent or ability to lend KRW 450 million to the victim. The Defendant obtained a loan from the bond company as collateral and used it in F, G, etc.
The Defendant, in collusion with F, by deceiving the victim, obtained the instant land No. 1 from the victim as collateral, and set up the right to collateral and superficies with the creditor and the mortgagee M, whose maximum debt amount is KRW 150 million, and obtained a loan from M to F, etc., of KRW 90 million, using the loan from F, etc. to obtain pecuniary benefits of KRW 150 million equivalent to the maximum debt amount.
[2] Around May 7, 2012, the Defendant and N used a false statement to the victim P, “When a loan is made, the agreement amount to enter the land owner who has lent the real estate security interest is urgently needed. If a loan is made, the money would immediately enter the money, and if a loan is lent KRW 20 million, the money would be repaid until August 10, 2012.” The Defendant and N borrowed money to receive the loan.
However, the defendant and N have money from the victim.