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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 7, 2016, the Defendant entered into a real estate sales contract with the victim on three lots of land (hereinafter “instant land”) with a total of KRW 60 million, including KRW 1970,000,000,000, in the office of “C” located in the Nam-si, Namwon-si, Namwon-si, the Defendant: (a) concluded a real estate sales contract with the Defendant on the land of KRW 1970,000; (b) on March 30, 2017, when the victim paid down KRW 20,000,000 on the day, the Defendant would cancel all of the collateral security established on the instant land until the victim pays the remainder of KRW 40,00
However, in fact, the amount of the secured debt of the right to collateral security established on the instant land exceeds KRW 67 million (the maximum amount of bond 87 million) and the amount exceeding KRW 60 million, which was agreed to receive from the victim as the purchase price. At the time, the Defendant under pressure to repay a debt exceeding KRW 400 million, including financial rights and bonds, etc., and the Defendant, who was paid KRW 20 million from the victim as the purchase price, was willing to immediately use the personal debt repayment as the purchase price. In the process of purchasing the instant land around March 25, 2014, three parcels of land, including South Won-si, Seoul, which were separately owned, including the instant land, were provided as a joint collateral to secure the debt borrowed from the Korea Rural Community Corporation, and thus, it was difficult to obtain any more secured loan or credit loan, even if the victim received the purchase price, there was no intention or ability to fully transfer ownership by repaying all the secured debt of the right to collateral security established on the instant land.
On October 7, 2016, the date of the purchase and sale contract from the victim, the Defendant, by deceiving the victim as above, received KRW 20 million from the Nonghyup Bank (G) account in the name of the Defendant, as the real estate sales contract amount, and acquired it by deception.
Summary of Evidence
1. Defendant's legal statement;
1. The police of the defendant.