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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant, after becoming a bad credit holder in 2004, was unable to obtain a loan of financial rights under the name of the defendant, and the amount borrowed from the beneficiary was 70 million won. From around February 2009 to February 201, the defendant borrowed money from the individuals under the name of the pension project, but the defendant was filed a complaint due to the failure to repay the money, and the defendant made a repeated statement to cancel the complaint by preparing the agreement money borrowed from other persons.
In addition, the Defendant made a proposal by telephone to the nominal owner that he would purchase the forest land of Incheon-si, Incheon-si (hereinafter “the forest land”) with the amount of KRW 250 million equivalent to the market price, and there was no specific contract for the transaction.
Therefore, even if the Defendant received the money from the victim E as the name of the forest development project, there was no intention to use the money for the development of the forest, and there was no choice but to use the money for the purpose of an agreement or repayment to other creditors, or for the living expenses of the Defendant, etc., so there was no intention or ability to return it to the victim even without using the forest development.
Nevertheless, on February 20, 201, the Defendant made a false statement to the effect that “The Defendant would immediately repay the land by borrowing the land in D, and by borrowing the land for the business to be purchased is difficult, because it is difficult to borrow the land for the business to be purchased, so it is difficult to procure the project funds.”
The Defendant, on March 5, 201, transferred from the victim the amount of KRW 7 million to the Cit Bank account (F) in the name of the Defendant on March 5, 201, and KRW 9 million to the said account on March 10, 2011, respectively, to the said account as funds for civil engineering works. On March 17, 2011, the Defendant transferred the amount of KRW 30 million to the said account.