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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From 2005 to 2005, the Defendant was running a medical instruments selling company with the trade name of “C” in Daegu-gu, Daegu-gu, the Defendant was urged to pay KRW 400 million from the victim F, who was the other party to the transaction operating the “Emp” in Busan-gu, Busan-gu, Busan-gu, to pay the equivalent amount of KRW 400 million from the other party to the transaction, who was the other party to the transaction operating the “Emp” in Busan-gu, Busan-gu, and the principal was not repaid.
1. On May 29, 2016, the Defendant filed an application with the said victim for auction of G apartment bonds of KRW 160 million with the maximum claim amount, which is KRW 160,000,000,000 with respect to the said victim’s “Emb off-type” in the operation of the said victim’s (Emb. Emb., the transaction wife). However, if the Defendant leased KRW 160,000,000,000 to the said money, he/she did not proceed with auction by cancelling the right to collateral security with the said money, and he/she would sell the said apartment and repay the principal of KRW 160,00,000 and the principal of the loan previously borrowed, if the said apartment is not sold, he/she would sell or receive the loan.”
However, at the time, the Defendant had a total of KRW 1,00,000,000 owed to the Korean Josonnson Co., Ltd., and the Defendant did not have any other property; the Defendant had no other property; the Defendant already transferred the money to another person as a substitute repayment in order to repay the said H apartment’s debt; and the Defendant had been able to use the money borrowed from the damaged person to repay other debts, not the cancellation of the right to collateral security; thus, even if he borrowed money from the damaged person, there was no intention or ability to pay the money in return.
Nevertheless, the Defendant, by deceiving the victim, received money of KRW 160 million from the victim to the Daegu Bank Account under the name of the Defendant from the victim on the same day.
2. The Defendant around 14:00 on July 6, 2016.