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A defendant shall be punished by imprisonment for a term of one year and two months.
Of the facts charged in the instant case, the fraud of KRW 80 million is not guilty. It is so decided as per Disposition.
Reasons
Punishment of the crime
1. On June 1, 2010, the Defendant established the right to collateral security with a maximum debt amount of KRW 130 million,000,000,000,000 for the Defendant at the “E Real Estate office” office operated by the Defendant located in Dongjak-gu Seoul Metropolitan Government, and with respect to the “E Real Estate” office operated by the Defendant located in Dongjak-gu Seoul Metropolitan Government, the Defendant borrowed KRW 70,000,000,000 necessary for completion of the construction due to a shortage of construction cost. In addition, the Defendant could not receive KRW 80,000,000,000,000 prior to the loan, and died. Accordingly, the Defendant would be liable for interest on the loan of KRW 70,000,000,000,000,000 as a collateral for the apartment owned by the Party, and would pay the bond after three months thereafter.
However, since the commencement of the above construction work, three times or more were suspended due to the detention of the construction business operator, and around June 2010, the construction was again interrupted, and the Defendant was unable to repay the money borrowed from the victim by completing the construction work within three months, as seen above, even though it was actually impossible for the Defendant to borrow money from the victim by completing the construction work within the said three-month period, the Defendant was willing to receive a loan of KRW 100 million based on the loan-related documents issued by the victim, stating that only KRW 70 million was extended to the apartment owned by the victim.
On June 8, 2010, the Defendant had the victim set up a right to collateral security of the maximum debt amount of KRW 130 million with respect to the Seoul Yangcheon-gu I and 117 Dong 402 owned by the victim as a debt security against the Defendant’s creditor H on June 8, 2010, thereby obtaining pecuniary benefits equivalent to the same amount.
2. On December 201, 2010, the Defendant, establishing the right to collateral security with a maximum claim amount of KRW 16 million, ought to pay a fine to the victim of the E-real estate office at the time of purchase of an apartment under the name of the party concerned, unless the mortgage is cancelled.