A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

On June 11, 2016, at the victim C’s branch office located in Guro-gu Seoul Metropolitan Government, the Defendant drafted a contract to sell to the victim amounting to KRW 18,00,000,00 from the Incheon Nam-gu, Incheon, the Defendant owned the Defendant, with a view to cancelling the registration of the establishment of the right to collateral security established in the above loan and transferring ownership to the victim, as the Defendant received the payment from the injured party.

However, in fact, the Defendant had other obligations, such as credit loans worth KRW 50 million at the time, and the Defendant thought to use the above sales amount for other purposes even if he was paid from the injured party, so there was no intention or ability to transfer the above ownership registration of the loan to the victim.

Nevertheless, as seen above, the Defendant’s deceptions the victim, and thus, the Defendant appears to be a clerical error in the indictment written on June 11, 2016, and January 30, 2017.

On July 27, 2017, the sum of KRW 18 million, including KRW 10 million and KRW 7 million, was received as a loan purchase price and acquired through deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes attached to written complaints;

1. In light of the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reasons for sentencing of imprisonment with prison labor, and the circumstances and contents of the crime of this case against a Korean national residing in the Republic of Korea, and the nature of the crime is not good, the degree of damage, the degree of damage was not completely recovered, and there is no evidence that he/she endeavored to recover damage, and the fact that he/she did not receive a letter of punishment from the injured party, it is inevitable to sentence the Defendant.

However, in determining the specific punishment, the defendant recognized all of the crimes, and on October 11, 2017, the defendant appealed after being sentenced to four months of imprisonment for a separate fraudulent crime, one year of suspended execution, and is currently under trial at the appellate court, and the age, career, and career of the defendant.