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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 30, 2013, the defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court on August 30, 2013, and the judgment became final and conclusive on March 11, 2014 and is still
The Defendant planned to construct and operate a wedding hall on the above land as the owner of the land outside C and five lots of land, and on July 201, upon introduction of this Chapter D, the Defendant decided to purchase four lots of land outside F, which is owned by the victim E, to use it as a site for a wedding lot.
Around July 11, 2011, the Defendant entered into a sales contract equivalent to KRW 1,575,00,000 on the said land with the victim at the D’s house located in G, and thereafter, through D, the Defendant sent to the victim a loan for the said land by setting up a collateral security right and obtaining a loan on the said land, and completing a change of land category to pay farmland preservation charges. Upon completion of this, the Defendant may obtain a loan of more money than KRW 250,000,000,000,000,000 to pay farmland preservation charges.
However, even if the Defendant borrowed KRW 250 million from the victim, the Defendant was scheduled to use the personal debt repayment, etc., unlike the notified purpose, and there was no intention or ability to repay the debt due to the absence of any property at the time.
Nevertheless, on September 28, 201, the Defendant received a loan of KRW 1 billion from the victim to the account designated by the Defendant in the name of the borrowed money, after taking out a loan of KRW 250 million on the security of the said land from the Songpa Agricultural Cooperative located in Songpa-gu Seoul, Songpa-gu around September 28, 2011.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. D's statement among the suspect interrogation protocol of the accused against the prosecution;
1. The prosecutor's statement concerning H;
1. Each police officer against E, I, and J.