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A defendant shall be punished by imprisonment for one year.
The application for compensation of this case is dismissed.
Reasons
Punishment of the crime
As to the victim C and the Seocho-gu Seoul E Housing (hereinafter referred to as the "E Housing") in which the plaintiff was aware of the introduction of his branch, the defendant needs approximately KRW 2.5 billion in order to cancel the auction procedure, and there was a need for approximately KRW 2.5 billion in order for the victims to be in progress in the auction procedure. Although the victims owned a large number of real estate, the victims knew of the lack of cash assets and that it is difficult for financial institutions to receive loans due to their old age, they approach the victims to cancel the auction procedure.
1. On July 201, the Defendant: (a) at the F hotel coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) even though he was aware of whether the Defendant could receive a loan under the name of the Defendant’s father because he did not find a suitable person to become a lender on behalf of the victims, the Defendant made a false statement to the victims that “if 40 women of the U.S. nationality of the Republic of Korea are the borrower, they would be able to obtain a loan from the bank; and (c) accordingly, he received a remittance from the victims around October 17, 2011.
2. On November 29, 201, the Defendant received money from the victims on or around Seoul Seocho-gu, Seoul, and even if having no intent or ability to prevent the progress of the auction procedure for the E house even if he received money from the victims, the Defendant made a false statement to the victims that “I would be able to prevent the progress of the auction procedure by exercising the lien for the E house, so that I would be able to prevent the progress of the auction procedure.” The Defendant was remitted KRW 35 million from the said victims.
3. On January 19, 2012, the Defendant: (a) sold the E Housing at the same place on December 23, 201; and (b) did not need to pay the cost for legal operations in relation to the E Housing Auction; (c) however, the Defendant changed the amount of KRW 6,243,720 to the victims.