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A defendant shall be punished by imprisonment for six 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. On August 28, 2009, around August 28, 2009, the fraud Defendant made a false statement to the victim D that “I will immediately repay the apartment house by obtaining a loan as security after the termination of the auction if I lent 25 million won to the Incheon Seo-gu, Incheon, Seo-gu, Incheon, which is the Defendant’s property.”
However, on February 16, 2002, the above apartment house was established with the right to collateral security of KRW 13 million in the name of the mortgagee of the right to collateral security, and around May 19, 2006, the right to collateral security of KRW 24 million was established in the name of the mortgagee of the right to collateral security, and around February 19, 2009, the right to collateral security was established with the maximum debt amount of KRW 50 million in the name of the mortgagee of the right to collateral security, and the creditor Han-gun Co., Ltd. filed a compulsory auction order with the Incheon District Court for compulsory auction on June 8, 2009. Accordingly, even if the Defendant’s voluntary auction had been revoked at the time of borrowing the above money from the victim, it was uncertain that the Defendant could obtain additional loan as collateral, and even if the Defendant received the loan from the financial institution without inquiring about whether the above apartment house can receive the loan as collateral, he did not have the ability to repay the money to the victim.
Nevertheless, the Defendant, by deceiving the above, received KRW 25 million from the victim to the new bank account (H) in the name of the Defendant on the same day.
2. On November 3, 2009, the Defendant deposited the amount equivalent to the labor cost with the account in the name of the J as of the end of each month at the request of the JJ from February 2009 to June 2009.