A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

1. The Defendant, around April 13, 2018, lent 30 million won to the victim D at a notary public C office located in Nam-gu Incheon Metropolitan City, Nam-gu, to the victim D on the 20th day of each month.

The Ministry of Land, Infrastructure and Transport owns the Nam-gu Incheon Dong-gu E-Ba and the register is also clean.

The Defendant made a false statement to the effect that “The amount of personal debt at the time was KRW 30 million,00,000,000, and the value of the loan held by the Defendant was not equivalent to KRW 66 million, but the deposit to be returned by the Defendant to the lessee was at least KRW 77,00,000,000, and there was no collateral value. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the said amount. Ultimately, the Defendant had by deceiving the victim as above and received KRW 30,00,00 from the victim’s place from the victim. On August 16, 2018, the Defendant made a false statement to the effect that “The right to collateral security is established on loan owned by the victim D if the Defendant additionally lent KRW 20,000,00,000,” from a certified judicial scrivener in the Nam-gu Incheon Metropolitan Government Office.

However, in fact, the Defendant had a large amount of obligation as stated in Paragraph 1, and there was no collateral value of the secured loan offered as security, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

Ultimately, the Defendant, as seen above, was accused of the victim and received KRW 20 million from the victim’s position.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to notarial deeds, a certificate of borrowing money, a report on rights and a request for distribution, and full certificate of registered matters;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria;