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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On January 25, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud by the Seoul Northern District Court, and the said judgment became final and conclusive on February 2, 2017.
The Defendant purchased KRW 301,00,000,000 and KRW 348,000,000 (hereinafter “the instant apartment”) in Suwon-si under the name of Ministry E, and set up a collateral security right of KRW 348,000,00 in the amount of the instant apartment with the loan of KRW 290,000 from the Saemaeul Credit Cooperative, which was secured by the instant apartment. Since the sales price of the instant apartment was KRW 48,00,000,000,000, the current rental price was KRW 32,000,000,000,000 as the market price of the instant apartment, the lease was not well performed.
On November 27, 2013, when the Defendant leased the apartment of this case to the victim I as the deposit money of KRW 320 million, the Defendant would make a registration to reduce the maximum amount of the right to collateral security established on the apartment of this case from KRW 348 million to KRW 100 million.
A false statement was made.
However, when the defendant is paid the lease deposit and the balance from the injured party, he thought that the defendant would be paid the remainder of the purchase price of other apartment buildings that he purchased, and he did not have an intention to pay the above loan with the victim's deposit.
The Defendant received 32 million won as down payment from the damaged party on his/her job, and received 288 million won as the remainder payment on February 20, 2014.
The Defendant owned F 301 Dong 504, 304, in the name of the wife E, and leased the apartment with a deposit deposit of KRW 300 million from December 12, 2013 to December 12, 2015, on October 26, 2013.
On December 12, 2015, the Defendant, at the H real estate office located in the G G in Suwon-si G on December 12, 2015, against the victim’s “a deposit is increased by KRW 1,50 million.”