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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 18, 2015, the Defendant was sentenced to imprisonment for fraud at the Seoul Western District Court on April 18, 2015, and the above judgment became final and conclusive on May 27, 2015.
Criminal facts
At the time of June through July 7, 2011, the Defendant owned the Eunpyeong-gu Seoul Housing (hereinafter “the foregoing Housing”) and was liable for a loan of approximately KRW 350 million to the Eunpyeong Saemaul Treasury. Accordingly, Seoul was established a mortgage of the maximum amount of KRW 585,00,00 with a claim amounting to KRW 585,00,00,00 for the above Housing. While the Defendant did not have any special property or income at the time, the Defendant did not have any monthly interest on loans and the monthly amount of KRW 30,000,000,000 was incurred due to the monthly salary of the company operated by the Defendant, and there was no idea to use the guarantee deposit received from the revenue. Accordingly, even if he received the deposit from the revenue, he did not have any intention or ability to cancel the collateral security established in the above Housing or to reduce the maximum amount of the claim amount.
1. On June 25, 201, the Defendant against the victim D entered into a lease agreement with the victim D to lease the first and second floors of the said house to the victim D with the deposit amount of KRW 1,50,000,000,000, which is located in Eunpyeong-gu Seoul Metropolitan Government around June 25, 201. The Defendant would give the victim a partial repayment of the loan to reduce the maximum amount of the claim for the right to collateral by paying the loan to the victim for the remainder of the deposit amount.
“Falsely speaking, it received a total of KRW 150 million from the injured party, including KRW 15 million on the same day, KRW 40 million on July 1, 201, KRW 480 million on July 9, 201, and KRW 150 million on July 15, 201, and KRW 150 million on July 15, 201.
2. On July 18, 201, the Defendant against the victim G extended the lease deposit amount of KRW 50 million to the victim G from the second floor of Eunpyeong-gu Seoul Housing on July 18, 201, and to the victim G.