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

Punishment of the crime

On October 2, 2014, the defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jeonju District Court, and the judgment became final and conclusive on June 24, 2015.

The Defendant is the actual owner of F apartment No. 106, 503, 106, 103, 200, which had been held in the name of title trust in X name.

On February 1, 2011, the victimY entered into a contract to lease the F apartment No. 106, 503, 100,000,000 for the lease period from February 23, 2011 to February 23, 2012. On February 23, 2011, the victimY entered into the move-in report on February 23, 201 and obtained the fixed date and came to have the first priority to payment under the Housing Lease Protection Act.

On November 23, 2012, the Defendant purchased the above apartment under X’s name and succeeded to the status of the lessor by acquiring the ownership. On November 29, 2012, the Defendant established a collateral security on the said apartment on November 29, 2012, the debtor X, the mortgagee, the Central Credit Union of the mortgagee, the maximum debt amount of KRW 81.6 million.

On February 5, 2013, the Defendant, at the AA office located in the Z in the Z of the Jeonju-gu Seoul Special Metropolitan City, “F apartment, 106 dong 602, but had been transferred to the original 503, the victim had no problem.” In doing so, even if the victim transferred to the above 503, and gave up priority to preferential payment, the Defendant did not have any problem to return the lease deposit at the time of the auction of the above apartment.

However, in fact, the defendant made a false statement to the victim in order to comply with the condition that the former central credit union will be given the first priority right holder within three months after receiving the loan from the former central credit union, and there was no intention or ability to return the full amount of the lease deposit of the victim at auction because the upper limit of the new credit union, which is the next priority holder, reaches 81.6 million won.