A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around October 2005, the Defendant borrowed money from the victim C (97.470,000 won) as collateral, on or around October 2005, set up a provisional registration of the Defendant’s right to claim ownership transfer under the Gyeyang-gu Incheon apartment owned by the Defendant’s mother (D), but failed to pay the borrowed money until April 2005, the due date for payment. On or around February 2005, the Defendant’s real estate (F forest) was sold to the victim and received the purchase price amount of KRW 50,280,00 from the victim, but the Defendant was urged the victim to pay the borrowed money due because it was impossible for the victim to transfer the ownership. However, the Defendant was refused to borrow money from the victim, the Defendant terminated the provisional registration established on the above mother’s real estate as if the victim would return all the money borrowed or received from the previous mother’s real estate, and was willing to borrow money from others as collateral.

On May 2007, the Defendant stated that “The Defendant would return all money received until now from the Defendant’s office to the Plaintiff by lending money to another company as security, when he knows that “The Defendant would manage H’s property holding real estate equivalent to KRW 8 billion in the market price, and H would be able to make an equity investment in the amount of KRW 1 billion because he knows good information about H. It is possible to collect money from the Defendant.”

However, at the time of fact, the above H did not have enormous refeasible power, and the Defendant did not have any specific and reliable information that could bring enormous profits from stock investment, and merely, if a provisional registration is terminated and borrows money from another place, it was a plan to use the real estate investment and personal debt repayment, and there was no intention or ability to return the money received from the victim.

This is the defendant.