A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 28, 2010, the Defendant entered into a lease agreement with the victim C on the Seocho-gu Seoul Metropolitan Government F Building 126 dong 1101 (hereinafter “instant apartment”) owned by the Defendant on the “E Real Estate” located in Seocho-gu Seoul Seocho-gu, stating that “A loan shall not exceed KRW 300 million to the victim C, who shall obtain a loan from the bank. Since the apartment market price is at least 1.1 billion won, there is no problem in recovering KRW 600 million of the deposit for the lease,” the Defendant stated in the lease agreement that “a loan shall not exceed KRW 300 million.”

However, on January 6, 2010, the Defendant had already applied to community credit cooperatives for a loan of KRW 460 million with the instant apartment as collateral. On February 2, 2010, the Defendant created a right to collateral security for the instant apartment with the maximum debt amount of KRW 598 million with respect to the instant apartment, even if considering the apartment price at the time, there was a risk that the Defendant could not recover the full amount of the deposit paid by the victim if the Defendant fails to repay the loan.

Accordingly, on January 28, 2010, the Defendant, by deceiving the victim as above, issued a cashier’s check of KRW 300 million under the pretext of down payment and intermediate payment, and on February 3, 2010, issued a cashier’s check of KRW 300 million under the pretext of the balance, and issued KRW 600 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Investigative report (seven copies, such as attachment of loan counseling and application copies, loan counseling, and copy of application forms);

1. Application of Acts and subordinate statutes on cashier's checks, apartment charter contracts, F building supply contracts, full certificates of registered matters, cashier's checks transaction certificates, and details of transactions by period of receipt;

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act regarding the crime at issue [However, the maximum statutory penalty is amended by Act No. 10259, Apr. 15, 2010 pursuant to Articles 8 and 1(1) of the Criminal Act.