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Defendant shall be punished by imprisonment for a term of one year and six months.
The defendant pays 500,000,000 won to the applicant for compensation by deceit.
Reasons
Punishment of the crime
Around February 2008, the Defendant: (a) newly constructed a temple 19,438 square meters of H and Changwon-si I forest 19,000 square meters in the name of G Co., Ltd. (hereinafter “G”); and (b) entered into a joint agreement on the instant business (hereinafter “instant business”); (c) on December 27, 2001, the instant business was in a situation where H had no specific business progress until it was not raised since it obtained a building permit from Msan-si under another person’s name; (d) there was no specific method to raise funds necessary for the instant business; (e) even if the Defendant borrowed money from the victim D, the Defendant did not have any intent or ability to repay the money within six months; and (e) there was no intention or ability to provide the victim with building stones necessary for the instant business.
Nevertheless, on March 1, 2008, the Defendant, at the office of L Co., Ltd. (hereinafter “L”) operated by the victim in Gangnam-gu, Seoul, KK building 1523 (hereinafter “K”) in Seocho-gu, the Defendant: (a) by deceiving the victim to pay the principal amount of KRW 500 million after six months from the date of borrowing KRW 500 million since the date of borrowing the business funds temporarily due to the lack of business funds; (b) paid the interest amount of KRW 500 million after one year; and (c) paid additional KRW 500 million if there was a profit; and (d) did not yet select a company that supplies stone in a charnel project; (b) by lending money, the Defendant would be responsible for the supply of stone to L if he/she borrowed money. It is reasonable to lend the stone to the victim with the amount of KRW 300 through 400 billion and supply stone in the name of G deposit account on March 14, 2008.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and H in part;
1. The defendant prepared by a public prosecutor and a judicial police officer;