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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2016 Highest 5349] The Defendant was a representative director of D (State) who is a company (State) which constructs but sells the Bado, and was an actual manager of E. (State) who is a company that sells the Bado.
In 2006, the Defendant carried out a construction project of Bara and condominiums in the area F, which is located in the area F, from around 2007, however, since around 2007, the management of the said company became difficult due to the shortage of funds, and as long as the construction project of the said Bara has been discontinued, it could not be completed, and since it did not find a large-scale investment place, it was virtually suspended in the construction and sale project of the Bara in fact.
Therefore, there was no value as security for the sales contract of the lost town which is worth completing the construction.
1. On June 19, 2008, the criminal defendant against the victim G is obliged to repay the victim G by June 25, 2008, a week after the date of borrowing from the victim G at the Gangnam-gu Seoul Metropolitan Government office of the fourth floor of H building (main floor) of the 4th floor of the Hagu, Seoul.
“.....”
However, since the Defendant did not have any particular property or income at the time, and the said real estate was not in progress as above, the Defendant did not have any intent or ability to repay money from the injured party up to June 25, 2008, even if he borrowed money from the injured party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money of KRW 26,50,000,000,000, which was deducted from the same day from the victim; and (c) obtained money from the victim to the foreign exchange bank account (I) in the name of E.
2. On July 10, 2008, the Defendant against the victim J borrowed KRW 50,000,000 from the above office to the victim J, “A 101 Dong 106, the Kbert 106, and L department stores and coffee shop contract, which are being constructed in the Philippines, as security. The interest on the face of the loan shall be KRW 50,000 per month and KRW 2-month thereafter.