A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

around March 28, 2011, the Defendant purchased the Gangnam-gu Seoul apartment 204 Dong 801 to 342,063,000 won, and received the intermediate payment loan of KRW 180,000,000 and the National Housing Fund loan of KRW 75,00,000 in the process of sale.

around September 14, 2012, the Defendant entered into a lease agreement with the victim F and the Seoul Gangnam-gu Seoul Gangnam-gu Seoul apartment 204 Dong 801 on a deposit basis with the victim KRW 300 million at the office of “E Licensed Real Estate Agent” located in Gangnam-gu Seoul, and the Defendant paid the victim a deposit amount of KRW 180,00,000 in an intermediate payment loan to the said apartment. The Defendant stated that “A deposit against the said apartment shall be repaid with the money received from the party for the lease on a deposit basis.” The Defendant’s loan to the said apartment is to impair the registration of chonsegwon without any longer than KRW 75,00,000,000, as a special agreement in the lease agreement.”

However, even if the Defendant received the money for lease on a deposit basis from the victim, the Defendant did not want to use the money for the construction cost of the party room where the Defendant was preparing for the opening of the business, but did not intend to repay the money for the intermediate payment, and there was no intention to allow the victim to register the right of lease on a deposit basis with the said apartment loan of KRW 75,00,000

In fact, on November 12, 2012, the Defendant borrowed KRW 336,00,000 from the Agricultural Cooperative to set up a mortgage with the maximum amount of KRW 403,200,000 on the above apartment complex, without registering the right to lease on a deposit basis with the victim. On November 15, 2012, the Defendant borrowed KRW 150,000 from G, H, and I on November 15, 2012, set up a mortgage with the maximum amount of claims KRW 225,00,000 on the above apartment complex, and used all the above loans from the Agricultural Cooperative, etc., including the money for lease on a deposit basis received from the victim, for construction costs.

On September 8, 2012, the Defendant: (a) 5,000,000 won from the new bank account (J) under the name of the Defendant on September 8, 2012; and (b) 70,000,000 won from the same account on the 14th day of the same month.