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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On December 7, 2011, the Defendant: (a) drafted a written agreement on loan transaction with the victim C at a closed place; and (b) submitted a lease agreement with the victim on April 20, 201, stating that the deposit for lease deposit is KRW 40 million for multi-household E and 101, a multi-household house owned by the Defendant for the purpose of securing the loan to the victim; and (c) submitted a lease agreement with the victim on April 20, 201.
However, even though the above lease contract was merely 5 million won, the defendant made a false statement as if the lease deposit amount was 40 million won with the consent of the lessor D.
Nevertheless, the Defendant deceiving the victim and received KRW 9,01,750,000 from December 7, 201 to December 6, 2011 for the purpose of the loan, as above, and acquired the victim’s total sum of KRW 9,01,70,000 from four victims, such as the list of crimes, by the same method from around that time to around December 6, 2013.
2. On December 4, 2014, and December 22, 2014, the Seoul Western District Court rendered a decision to commence compulsory auction against the victim-owned Seoul Eunpyeong-gu E and No. 101 on December 22, 2014, on the ground that the defrauded was unable to repay the debt, etc. under paragraph (1).
A. On June 15, 2015, the Defendant: (a) around the victim’s house located in Eunpyeong-gu Seoul, Eunpyeong-gu E and 201, lent KRW 50 million to the victim for an auction of real estate; and (b) provided that an auction may be withdrawn if the Defendant borrowed money after five months.
However, in fact, when the defendant bears a large amount of obligation, the defendant did not have the intention or ability to repay the borrowed amount due to lack of regular income, and even if he borrowed money, it was difficult to withdraw the auction.
Nevertheless, the Defendant, as above, was issued a check of KRW 50 million, which was deposited from the national bank account in the name of his wife F by deceiving the victim, from the victim on the same day.
B. The Defendant around July 16, 2015.