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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On August 20, 2012, the Defendant made a false statement that “Around August 20, 2012, the Defendant borrowed a small amount on several occasions from the victim D, introduced through the branch, and repaid the principal and interest, thereby obtaining the victim’s trust.” On August 20, 2012, the Defendant made a false statement that “Around August 20, 2012, the Defendant was planning to newly build and sell a commercial building at this place, and 60 million won on the pretext of an advance payment, would sell a commercial building of a size of 60 million won on the face of a week.”
However, the above land was not owned by the defendant, there was no specific plan to purchase the above land and build a commercial building, and there was no intention or ability to sell the commercial building to the victim even if it was received advance payment from the victim because there was no particular property or income from the victim to pay his/her debt or to use it for personal purposes, such as living expenses.
The Defendant, as above, was delivered KRW 20 million in total over 10 million on 10 occasions, as shown in the List of Attached Crimes (1) as well as the delivery of KRW 40 million on August 23, 2012 from the victim, by deceiving the victim and deceiving the victim, as well as the delivery of KRW 124.9 million in total.
2. On September 28, 2012, the Defendant: (a) lent money to the victim from G office operated by the victim of the damage in Y in Y in the Haan-gun, H, etc. in the course of collecting earth and stones; and (b) borrowed money from the victim of the G office that is operated by the victim in Y in Yansan-si; and (c) borrowed money from the proceeds of the business, if he/she
A false statement was made.
However, the Defendant did not have obtained permission from the competent authorities for collecting earth and stones or applied for permission, and even if the Defendant received money from the injured party due to no particular property or income and received money from the injured party for personal purposes such as living expenses, there was no intention or ability to pay the profits to the injured party.
The defendant.