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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is the representative director of Busan Gangseo-gu C Co.
1. On March 9, 2010, the Defendant stated that “The Defendant lent money from the land located in military mountain to the Defendant,” at the F office operated by the victim E in Gangseo-gu Busan Metropolitan City, the Defendant borrowed money from the Defendant.”
However, in fact, there was no real estate owned by the Defendant at the time of Gunsan, and C corporation did not pay profits because it was not operated properly, so even if the Defendant borrowed money from the said victim, it did not have the intent or ability to pay.
Around March 9, 2010, the Defendant received a total of KRW 146 million from March 9, 2010 to December 17, 2010, including receiving KRW 5 million from the said victim’s agricultural bank account under the name of the Defendant, as the loan money, from March 9, 2010 to December 17, 2010.
Accordingly, the defendant was given property by deceiving the above victim.
2. On June 4, 2010, the Defendant stated that “On the house of the victim H, the Defendant borrowed money from the land located in the military, if sold,” to the said victim.
However, in fact, there was no real estate owned by the Defendant at the time of Gunsan, and C corporation did not pay profits because it was not operated properly, so even if the Defendant borrowed money from the said victim, it did not have the intent or ability to pay.
The Defendant received 70 million won from the above victim to the Bank’s account in the name of the Defendant on the same day on the same day.
Accordingly, the defendant was given property by deceiving the above victim.
3. On July 23, 2009, the Defendant: (a) borrowed KRW 100 million from the victim bank at the Bank J branch of the Bank of Korea located in Gangseo-gu Busan, Busan; and (b) transferred a security for the victim bank to five tons of the victim bank; and (c) transferred a security for the victim bank. As such, the Defendant kept the said machinery well and kept it.