A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2018 Highest 7888] On March 26, 2014, the Defendant made a false statement to the victim D that “AC childcare center located in Seo-gu, Seo-gu, Busan Metropolitan City will make a request for appraisal and assessment to the KCA for the purpose of lending a child care center building. It is necessary to make an appraisal and assessment to the maximum extent possible. It is necessary to have a higher appraisal and to change the cost of KRW 28 million to the cost.”

However, in fact, the defendant used part of the money received from the victim for normal appraisal and assessment costs and the remainder was thought to be used for the repayment of his personal debt.

As above, the Defendant, by deceiving the victim, received 20 million won from the victim to the F account in the name of the Defendant on the same day as the appraisal expenses, and transferred 20 million won to the same account on April 27, 2014, and acquired 6 million won in cash and acquired 28 million won in total.

[2018 Godan9560] On November 30, 2016, the Defendant made a false statement to the victim’s “I childcare center” operated by the victim H in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, that “The Defendant would pay KRW 30 million until November 30, 2017 if the Defendant rescinded the provisional attachment set up against J apartment K, a party apartment, by December 30, 2016.”

However, the defendant did not have the intent or ability to pay KRW 30 million until November 30, 2017, even if the victim cancels provisional seizure, such as the provisional seizure of the above loan by the construction business operator, because he/she failed to pay approximately KRW 500 million of the construction price of the loan in Michuhol-gu Incheon Metropolitan City L.

The defendant had the victim cancel the provisional attachment of the above K around December 30, 2016.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits to cancel provisional seizure equivalent to KRW 100 million.

Summary of Evidence

[2018 Height788]

1. Partial statement of the defendant;

1. Each legal statement of witness D and M.