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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant committed as if he was delegated with the authority to dispose of three parcels of real estate “three parcels of land, such as woodland D, etc., in Namyang-do, Namyang-si, Namyang-do,” from the real estate brokerage office, and tried to obtain money from victims E, a member of the same club,
1. On October 20, 2014, the Defendant proposed to the effect that “The Defendant was delegated with the authority to dispose of the said real estate from the C in need of supply. The Defendant would pay the interest of 2.5% per month at the time of borrowing the money from the Texat C to offer real estate as security, and would repay the borrowed money by April 10, 2015.”
However, the Defendant did not have been delegated with the authority to dispose of the said real estate or asked the lending of money between C and C, and was scheduled to use the loan from the beginning for his personal use, such as the horse sales market, and there was no particular property or revenue source, and there was no intention or ability to repay the interest and principal to the victim according to the agreement.
Accordingly, the Defendant, as above, by deceiving the victim as above, obtained a total of KRW 28 million from the victim, including KRW 148 million around November 11, 2014, and KRW 60 million around November 17, 2014, and acquired it as the borrowed money.
2. On November 2014, the Defendant stated “C” in the face value column of the promissory note paper without authority for the purpose of exercising at the Defendant’s home located in Nowon-gu, Seoul Special Metropolitan City, the Defendant affixed a seal affixed to the Defendant’s name on the back of the face value, stating “C” and “C” on the issuer column.
Defendant continued to receive KRW 220,000,000 under C’s name “on November 11, 2014” as the borrowed money.
“A receipt to the effect that: (a) on November 11, 2014, C borrows KRW 3,300,000 to E as a collateral security; and (b)20,000,000,000 from E, respectively; and (c) on November 11, 2014, the interest of KRW 2.5% per month is paid.