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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[criminal power] The Defendant is a person who was sentenced to six months of imprisonment with prison labor at the Changwon District Court Jinwon Branch on February 7, 2017, and the judgment became final and conclusive on July 27, 2017.
【Criminal Facts】
The Defendant was the representative director of C Co., Ltd. in Jinju-si from October 18, 2012 to June 1, 2017.
1. The Defendant against the victim D bears approximately KRW 200,000 as construction cost for new factories on his own land located in E and F at Jinju, but, on the condition that the above E and F’s land was repaid by the bank as collateral a loan amounting to KRW 44,00,000,000 to KRW 150,000,00 of the above E and F’s land and factory may be carried out as collateral, the Defendant was asked for payment of the construction cost for the above E and F’s land and building, after completing the registration of ownership transfer for the victim D’s land located in J at Jinju-si, which was offered as collateral, and offered as collateral and received as loan.
On September 26, 2014, the Defendant made a false statement to the victim D that “on the face of transfer of the name of the land and building in J in J in J in J in J in J in J in J, the Defendant would receive a loan as security and pay KRW 150 million until October 31, 2014.”
However, in fact, the Defendant received the registration of ownership transfer for the above G land building and received the loan as security, and thought to pay the construction cost for new factories on the land above the above E and F. Furthermore, the Defendant owned the above E and F’s land and building amounting to KRW 180 million at the time of evaluation, but the Defendant did not have any certain income but was liable for the total amount of KRW 300 million, including KRW 200 million and KRW 100 million for the new factory construction cost. Thus, even if the ownership of the above G land and building was transferred from the victim, the Defendant did not have the intent to pay the purchase price.
Nevertheless, the defendant deceivings the victim as such, and is the same day as that of the victim.