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A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case, the fraud as to C is acquitted.
Reasons
Punishment of the crime
1. Fraud against victim D;
A. On January 27, 200, the Defendant stated that “Around January 27, 2000, at the F-office of a limited liability company operated by the Defendant in Namwon-si, Namwon-si, the victim D fraudulently borrowed KRW 20 million from the Southern Saemaul Treasury in the name of employees G because it is impossible to obtain a loan beyond the lending limit,” and that “A joint and several surety will be repaid the principal and interest of the loan and be prevented from causing any damage to the joint and several surety.”
However, at the time of fact, the defendant has already been liable for the above loan amounting to 350 million won or more, and there was no intention or ability to repay the above loan.
Nevertheless, the Defendant, by deceiving the victim as above, had the victim enter into a joint and several surety contract for the above G's loan obligation of KRW 20 million on the same day, and had the victim pay for KRW 21,420,219 on behalf of the victim, thereby obtaining pecuniary benefits equivalent to the same amount.
B. On September 7, 200, the Defendant stated on September 7, 200, that “The Defendant would have cancelled the provisional registration by making a provisional registration on the apartment house and land at the high seas level as security for the new apartment and land, and by making payment 60 million won from H from the bond company H, and by making payment 15 days thereafter.”
However, at the time of fact, the defendant above A.
Because there was no intention or ability to cancel provisional registration by repaying the above borrowed money, as stated in the paragraph, because the debt has been borne with a lot of obligations.
Nevertheless, around September 15, 200, the Defendant: (a) by deceiving the victim as above; (b) had the victim take advantage of the victim; and (c) had the victim take advantage of the property interest equivalent to the said amount by allowing the victim to register the right to claim ownership transfer on the I apartment 6 301, Namwon-si and J land in Namwon-si, the victim owned; and (d) having the victim take advantage of the property interest equivalent to 60 million won by subrogation around October 17, 2000.
2. Violation of the Control of Illegal Check Control Act;