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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
【2016 Highest 2936】
1. On September 2015, the defrauded concluded that “In the vicinity of the Guldong, the Defendant would establish a collateral security level in the name of the Party for E’s land, in which money is paid to KRW 300,000,000,000,000,000,000,000,000,000 won for each month,” and that “The Defendant would take over D of active wholesale business chain, and would be paid KRW 60,000,000,000,000,000.”
However, there was no fact that the Defendant paid KRW 60 million as the down payment, and there was no income in the name of the Defendant for lack of a certain occupation at the time, and there was no land in the name of the Defendant, and there was no land in the name of the E, and the registration of creation of a mortgage was already completed on the land owned by the E-friendly F, the agricultural cooperative of South and North Korea. On September 22, 2015, after receiving the money from the victim, there was no intention or ability to repay the money even if the Defendant borrowed money from the victim because the registration of establishment of a mortgage was completed on September 22, 2015.
On September 12, 2015, the Defendant was issued a total of KRW 100 million from the victim, such as one cashier's checks of KRW 50 million and five cashier's checks of KRW 10 million.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 5, 2016, the Defendant changed official document: (a) at the original room in which the Defendant had resided in Ulsan-gu, Ulsan-gu; (b) had been continuously demanded by the said C to offer a security for KRW 100 million loan; (c) had the intent to alter the copy of the register of the Samsung-si, the land owned by the F under paragraph (1) of the said paragraph, and deliver it to the said C; (d) had the intent to use the copy of the register of the apartment building owned by the said C, without authority, with the part of “J, K” written from the copy of the register of the apartment building owned by the said C, and with the said part of “C,” as a pool F.