A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 12, 2013, the Defendant borrowed KRW 42 million from around 2005 to July 2012 to the victim C (the age of 53), and paid KRW 12 million to the Defendant, and failed to pay KRW 30 million, the Defendant made a provisional attachment registration of KRW 30 million to the creditor C (victim) and KRW 1403 as to the D Apartment 107 Dong 1403, Yongsan-si, an apartment owned by the Defendant, which is an apartment owned by the Defendant.

On December 6, 2013, the Defendant stated, “Around December 6, 2013, the Defendant, within “F cafeteria,” which he operated, “A person becomes aware of real estate attachment attached to our house, and, on the face of the State, immediately after having cancelled the provisional seizure, would receive credit loans of KRW 10 million, and KRW 10 million would be repaid at that time on March 2014, and the remainder of KRW 10 million will be repaid as soon as 50,000,000 won or more is paid.”

However, the Defendant did not have the eligibility to obtain a credit loan of KRW 10 million from a bank due to the use of card cash services, and the Defendant did not have the obligation to obtain a credit loan of KRW 10 million from a bank. The Defendant did not have the obligation to obtain a credit loan of KRW 10 million from a third party to the fraternity that the Defendant left. At that time, the Defendant had the obligation of KRW 360 million at the time, and not only had the obligation of KRW 360 million at the time, but also had the obligation to pay KRW 1.3 million per month as interest on the loan obligation, so the Defendant did not have the intent or ability to repay the obligation to the victim even if the victim had cancelled the provisional

Nevertheless, on December 6, 2013, the Defendant had the victim cancel the registration of provisional seizure and acquired the pecuniary benefits corresponding thereto.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of the choice of imprisonment [the scope of recommending punishment] general frauds. The mitigation area (one to one year) (one month and one year) of the mitigation area (special mitigation), doluence.