A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On July 29, 2011, the Defendant loaned the victim E a share in the Seoul Mapo-gu Seoul Metropolitan Government F site and KRW 55 million to offer the housing located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government as a collateral. Around July 29, 201, the Defendant concluded that “D office” located in Jung-gu, Seoul, to the victim E, “The amount of share in the housing located in Mapo-gu, Seoul, and KRW 55 million is worth at least KRW 200 million as an area subject to redevelopment, and the community credit cooperatives created a first priority mortgage on the maximum debt amount, which is at least 65 million, and the tenants are only in form, and thus, the establishment of the right to collateral security is in substantial order at the time of an auction.” Accordingly, if the Defendant loans KRW 55 million, the Defendant made a false statement to the effect that he will pay the interest on each month by July

However, there was no redevelopment plan in progress, and not only the above Seoul Mapo-gu G housing was an unauthorized building, and the Seoul Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Housing site, which established a collateral security, created the first priority mortgage in order of the amount equivalent to 65 million won of the maximum amount of the lease deposit and the fixed date at the Asia-do Saemaul Depository, with the market price of 132 million won. Since H had resided with the lease deposit of KRW 70 million with the move-in report and the fixed date, the victim could not be paid dividends in the second priority order, and there was no intention or ability to pay the interest and the principal agreed to by the victim until the due date.

As above, the Defendant made a false statement, and received 55 million won from the victim to the new bank account in his/her own name, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Entry of the defendant's partial statement and E in the suspect examination protocol of the defendant by the prosecution;

1. Statement to E by the police;

1. A criminal investigation report by each prosecutor;

1. Application of Acts and subordinate statutes on inspection of reported households and transferred households;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Money that leads to KRW 55 million from a victim by deceiving the Defendant’s security value for the reason of sentencing selective sentencing of imprisonment with prison labor.