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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 10, 2017, the Defendant was sentenced to two years to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on August 10, 2017, and was finally decided on January 19, 2018 and operated the main points in B hotel B.
On June 2015, the Defendant provided the victim's mother D's exclusive use area 84.69 square meters of apartment building E-gu Seoul, Yongsan-gu, Seoul, which was owned by the victim, to the purport that the Defendant would assist in the creation of a security deposit for lease of KRW 200 million to the tenant of the apartment and return it to the tenant of the apartment.
However, the facts are that the defendant had already provided the above apartment house as security to G to be his creditor and had no intention or ability to lend it to C even if he extended money to the above apartment house with the debt of KRW 1.3 billion due to the main operation at the time.
Nevertheless, on the 12th of the same month, the Defendant, as seen above, transacted with B around the same month at a time similar to KRW 50 million to KRW 570 million. According to the actual transaction list, the Defendant used the same parallel apartment house at KRW 498 million to KRW 575 million. While the right to collateral security was established on the apartment house in this case, the amount of KRW 494 million was KRW 50 million, among which the said apartment house was repaid, the Defendant agreed to provide B with B as collateral and received KRW 500 million from G, and received KRW 50 million from G, and thereafter, G acquired the property interest derived from the establishment of the maximum claim amount of KRW 200 million to the above apartment house.
Accordingly, by deceiving C, the Defendant created the right to collateral security equivalent to the maximum amount of KRW 200 million on G in the apartment owned by the victim D, thereby having G gain pecuniary profits equivalent to the maximum amount of KRW 200 million on the claim.
C The obligation of the defendant to G is 20 million won.