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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On October 31, 2012, the Defendant: (a) leased the victim’s damage E in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Office with a representative director; (b) leased the Defendant’s lease of KRW 250 million to another person for the deposit of KRW 40 million; (c) leased the apartment owned by the Defendant in Eunpyeong-gu Seoul Metropolitan Government with KRW 40 million to another person; and (d) if the Defendant borrowed the deposit of KRW 40 million to another person, the lessee of the apartment owned by the Defendant directly occupied the apartment; and (d) the Defendant returned KRW 250,000,000 to the Plaintiff and repaid the full amount of the deposit of KRW 160,000,000,000,000 to KRW 20,000,000,000 to KRW 160,000,000.
However, in fact, the Defendant leased and resided in the above H apartment with the deposit of KRW 40 million, not the deposit of KRW 250 million, and monthly rent of KRW 1.5 million. At the time, the personal debt of KRW 6-700,000,000 was reached and all of the businesses promoted with the personal debt of KRW 6-700,000,000, and there is no intention or ability to pay the monthly salary of the employees for KRW 2-3 months, even if the Defendant borrowed money from the victim.
The defendant received 40 million won from the victim as a loan deposit account in the name of the defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim who is the defendant.
2. On February 8, 2013, the Defendant, at the office of the above victim, filed a complaint with the Eunpyeong Police Station to the victim for fraud, and the victim was placed under restraint if he did not pay the money. Therefore, the Defendant borrowed KRW 100 million. Since the Mapo-gu Seoul Metropolitan Government type apartment building No. 1030, 1103, where his father is residing, is owned by himself, the Defendant established a collateral mortgage on the apartment and sold it, and the loan money under the preceding paragraph is also extended.