beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On November 17, 201, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on November 17, 201, and completed the execution of the sentence on January 19, 2012.
1. On June 26, 2014, the Defendant entered into a real estate sales contract with the victim E to purchase G hotels located in Gyeonggi-gun, Gyeonggi-gun, Gyeonggi-gu, Seoul, a certified judicial scrivener office of Seocho-gu, Seoul, on June 26, 2014, the Defendant paid the victim KRW 150 million out of the purchase price, with a loan to G hotel as collateral, and paid the remainder by August 12, 2014, with a payment guarantee for the remainder.
“Along with the establishment of a right to collateral security equivalent to KRW 600 million in G hotel from the injured party.”
On June 27, 2014, the Defendant offered G hotel as security to H and borrowed KRW 350 million, and paid KRW 150 million among them to the victim as contract deposit. On July 2, 2014, the Defendant issued a certificate of payment of KRW 1.45 billion issued by I Seoul branch office around July 2, 2014 to the victim.
However, on September 13, 2013, the Defendant: (a) failed to pay the principal and interest of KRW 200 million after borrowing the J building from the said H as collateral; (b) on January 23, 2014, the Defendant intended to provide the said G hotel as collateral on behalf of the said G hotel for the purpose of cancelling the auction when a voluntary request was filed on or around January 23, 2014; and (c) on the guarantee for payment in the name of the International Seoul branch of the Company I issued to the victim, the Defendant received the payment of KRW 2 million from K without the authority to provide a security for payment guarantee; and (d) there was no effect of payment guarantee for the balance of KRW 1.45 billion since the Defendant paid the victim the balance of KRW 1.45 billion and did not have any intent or ability to implement the said real estate sales contract.
Nevertheless, the defendant deceiving victim E and thereby securing a G hotel from the injured party.