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

Punishment of the crime

On November 27, 2009, the Defendant received a loan from other financial institutions within one week from another and repaid immediately KRW 50,000,000 from the other financial institutions within one week from the termination of provisional seizure in the name of the injured party set up in the family D real estate owned by the Defendant, and the remaining KRW 150,000,000 after the loan is made to the injured party C.

“A false representation was made.”

However, in fact, the defendant was thought to cancel the above provisional seizure from the beginning to repay his obligations to other creditors, and even if the injured party terminated the above provisional seizure, he did not have the intention or ability to repay 200,000,000 won equivalent to the amount of the claim for provisional seizure.

Accordingly, the defendant received the above provisional seizure from the injured party immediately, and acquired the financial benefits equivalent to KRW 200,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certified copy of confirmation, written statement of payment, written statement of payment (E), written statement of real estate registry; and

1. Application of the Act and subordinate statutes to the investigative report (the suspect's property review report at the time of the crime);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (one year to four years) of the recommended punishment [the scope of the recommended punishment] and the basic area (the amount of at least KRW 100,000, but less than KRW 500,000] of the recommended punishment;

2. Determination of sentence of this case has not reached a total amount of KRW 200 million and has not been restored to damage. However, considering the favorable circumstances, such as the defendant's recognition of the crime of this case and reflects the depth of the crime of this case, the fact that there is no criminal record of the same kind, the defendant is responsible for living while supporting the aged's mother, and other conditions of all kinds of sentencing recorded in the records, such as the defendant's age, sexual behavior, environment, circumstances before and after the crime of this case, etc., the sentence is ordered as ordered.