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A person shall be punished by imprisonment with prison labor for not less than six months for a crime of No. 1 and No. 2 of the judgment of the defendant, and imprisonment with prison labor for not more than six months.
(b).
Reasons
Punishment of the crime
On May 29, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Suwon District Court, which became final and conclusive on June 6, 2014.
[2014 Highest 976]
1. On August 28, 2013, the Defendant, as of August 28, 2013, purchased approximately KRW 22,500,000,00,000 from the Incheon Southern-gu D land and the second floor, where the establishment registration of a mortgage was completed, as the victim’s ownership at the mutual infinite coffee shop located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the victim C on August 28, 2013, the Defendant concluded a sales contract with the purport that “A lease deposit amounting to KRW 37,00,000,000,000,000,000, which is the amount secured by the above mortgage claim, shall not be paid for the interest on the above debt,” and that a sale contract for the above real estate shall also be concluded with the purport that “A lease deposit amounting to KRW 8,800,000,000,000,00,000,00,00.”
However, in fact, the Defendant did not have any particular profit or asset in excess of debt, and did not have the intent or ability to succeed to the loan obligation as stated by the victim because it did not meet the loan qualification requirements equivalent to the amount of the above secured debt due to the relationship with lower credit rating, and eight million won was also thought to be used as the Defendant’s existing debt repayment fund and living expenses.
Around September 10, 2013, the Defendant: (a) by deceiving the victim; (b) received the registration of ownership transfer from the victim of the said real estate worth approximately KRW 75 million, excluding the amount of the above secured debt at the market price; (c) received the registration of ownership transfer in the name of the Defendant; (d) received the delivery of KRW 1 million,00,000 around September 4, 2013 through the account of community credit cooperatives in the name of the Defendant as a prior interest for the loan, and KRW 3 million around September 9, 2013, and KRW 4 million around September 17, 2013.
2. Fraud on January 3, 2014