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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 27, 201, the Defendant entered into a contract to lease on a deposit basis with the victim F and F and the intermediate payment of KRW 290 million on the day of the contract, and on April 30, 201, to cancel the remainder of the collateral security other than the collateral security established in the name of the Gyeonggi-gu Seoul and D, and the collateral security established on the said real estate before the remainder of the payment date, on April 30, 201.
Accordingly, on January 27, 201, the date of the contract, the Defendant received KRW 200 million from the victim as the contract deposit and intermediate payment, but did not cancel the seizure and collateral security established on the above real estate until April 30, 201.
1. On April 201, the Defendant stated that “If 20,000 won is lent to the victim, the Defendant would be released from seizure at the Hda located in Gyeonggi-gu G in the end of the year, the Defendant would be released.”
However, the Defendant did not have any particular income and occupation, and there was approximately KRW 1 billion amount of national and local taxes in arrears, and approximately KRW 172 million amount of national and local taxes were not paid at the time, and there was no intention or ability to cancel the seizure of the above money borrowed from the victim, even if he borrowed the above money from the victim, because he did not have any intent or ability to cancel the seizure of the above money set up in the above pent.
As such, the Defendant, by deceiving the victim as such, received from the victim on May 2, 201, KRW 14 million from the victim, and KRW 6 million on May 6, 201 from the victim to the account in the name of each Defendant’s denial.
2. On October 201, 201, the Defendant: (a) at the place specified in Paragraph (1) of this Article, there is a person J among the persons having the right to create a collateral security for pentents; and (b) should pay 10,000 won of interest in arrears at one time.