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

Punishment of the crime

피고인은 2014. 6. 12. 인천 남동구 D에 있는 피고인의 주거지에서 피해자 E와 근저당권에 대한 채권 양도양수계약을 체결하면서 피해자에게 “서울 중랑구 F아파트 1동 1103호에 근저당권을 설정해놨는데 세입자가 없다. 경매가 진행되더라도 선순위로 경매 입찰을 받아 배당을 받을 수 있다”고 말하였다.

However, in fact, the above two apartment 1,103 had priority over the right of collateral security in the name of the defendant and the auction was conducted.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim take over the right to collateral security under the name of the Defendant on the same day, and was transferred KRW 55 million to the Agricultural Cooperative Account under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Application of an assignment certificate, lease contract or statute;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of sentence [the scope of recommendation] general fraud [the grounds for sentencing of sentence] and no basic area (6 to 100 million won) (6 to 6 months] [the decision of sentence] and no agreement has been made with the victim [the decision of sentence]. Even if there is a possibility of damage recovery in a lawsuit of demurrer against the distribution (Seoul Northern District Court 2014Gahap7692) with the lessee and the victim who is the subordinate holder of the first priority against the first 1103 above, even if there is a possibility of damage recovery from the above crime, this is limited to the existence of opposing power of the above tenant, not by the defendant's effort, but by the defendant. The fact that there is no same record, there is a criminal record once, and other criminal records of the amount of fraud, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime in this case, etc.