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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From around July 2006, when there was no apparent asset registered as bad credit holders, the Defendant purchased the land of Gyeonggi-gun E and newly built the entire house on the land. During that process, the Defendant borrowed from FF to 80 million won in high interest and borrowed real estate purchase and construction funds from F, thereby establishing a claim for ownership transfer registration and provisional registration of mortgage against creditors. However, unlike the Defendant’s expectation that the proceeds from the prompt resale of the above electric source house would be able to liquidate the above borrowed money and make profits from the proceeds from the purchase, the above electric source house was not sold. Upon receiving a demand for the repayment of the principal and interest of the loan from F, the Defendant was issued a sales contract for the above electric source house with the purport that F will preferentially repay the principal and interest of the loan from the proceeds from the sale of the above electric source house, and thus, even if the above electric source house was sold, the Defendant could have repaid the principal and interest of F with the provisional registration, loan obligations, and debt obligations with respect to F.
On June 1, 201, the Defendant sent a phone call to the victim G in the subway 2 subway station located in Seocho-gu Seoul, Seocho-gu, Seoul, to the effect that “If the building was sold only after the lapse of the starting date after July 2010, if the building was to be repaired after the lapse of the starting date, it would be repaid at the latest by the end of July 201, 201.” The Defendant received from the victim KRW 30 million under the name of the Defendant’s bank (Account Number:H), KRW 15 million with the above account on June 10, 201, KRW 60 million with the above account on June 23, 201, KRW 71 million with the above account on June 23, 2011, and KRW 701 million with the above account on June 10, 2011, and KRW 15 million with the above account on June 23, 2011.
As a result, the Defendant totaled from June 1, 201 to July 19, 201.