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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The Defendant, on December 3, 2013, would transfer the F to the victim E in Law Firm D located in Gwangju-dong, Dong-gu, Gwangju-gu.
In the transfer price of KRW 400 million to the effect that “F would pay KRW 1.1 million to the Fund in monthly installments, the Fund would pay KRW 1.3 million to the Fund of Gwangju Bank and change F’s name in the future.”
However, on May 29, 2012, the Defendant borrowed a deposit of KRW 1,30 million from the Gwangju Bank in charge of the loan of KRW 156,00,00,000 (right to lease on a deposit basis with a maximum amount of KRW 156,00,00) as collateral for the lease deposit of the above F, and only if it is required to repay the loan to the Gwangju Bank (right to lease on a deposit basis with a maximum amount of KRW 156,00,00), the Defendant could change the name of the business operator in the name of the victim. However, G operated by the Defendant did not have any specific income because it was not well-run, and the above G was provided as collateral by the Korea Credit Guarantee Fund on May 29, 2012 and did not actually have any property value. In addition, the Defendant did not have any particular property or income, while even if the Defendant received the loan from the damaged person equivalent to KRW 30,000,00,000 as above, there was no intention or ability to change the name of the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained a total of KRW 178,191,822 from March 2014 to December 2014 from the victim to the victim, and acquired it by deception.
2. As seen in the foregoing 1. Paragraph 1, the Defendant entered into a contract with F to transfer the said F orally to the victim on September 10, 2013, and the victim took over the said F.
After December 3, 2013, a contract was concluded on September 10, 2013, with the payment method of KRW 400 million for the transfer price of a business transfer contract that was made oral around September 10, 2013, as stated in Paragraph 1.
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