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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 29, 2013, the Defendant entered into a contract with D to provide support of KRW 2 billion from March 31, 2014 to acquire management rights of C with the right to operate the main branch of B, and entered into a contract to provide support of KRW 1 billion out of KRW 2 billion around January 12, 2014, and the victim E kept KRW 500,000 on the date of the contract in gold law firm in order to implement the above contract contents.
On January 2014, the Defendant borrowed money with the repayment period of one month and 4% per interest month to provide real estate worth KRW 150 million out of the real estate value of KRW 50 million as security when some funds, such as operating expenses, are invested to the victim E in Seoul, Yeongdeungpo-gu Seoul Special Metropolitan Government 902, which would facilitate the acquisition of management rights.
However, in fact, the Defendant did not have any intention or ability to prepare KRW 1 billion out of KRW 2 billion to support D according to the contract with the victim, and there was no right to dispose of G apartment at the time when the purpose of the lease agreement delivered to the victim, which is real estate for the purpose of the lease agreement delivered to the victim, and there was no right to dispose of G apartment as well as there was no right to dispose of the apartment house, and even if the right to dispose of the apartment has no adequate value of collateral due to the registration
As such, the Defendant is the victim, and the victim was transferred KRW 20 million from the victim on January 21, 2014, KRW 15 million on or around the 24th of the same month, and KRW 5 million on or around the 29th of the same month to a bank account under H’s name.
Accordingly, the defendant deceivings the victim to acquire the victim's property 40 million won.
Summary of Evidence
1. Legal statement of witness E;
1. Part of the protocol concerning the examination of the suspect against the defendant;
1. The investigation report (the monetary report of the nominal owner of the real estate as security to be provided to the suspect).