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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From April 1, 1997 to May 31, 2002, the Defendant borrowed 30,160,000 won in total from the victim of pro-Japanese to the defendant's son's child from the victim of pro-Japanese to the one-day bank passbook with D on 14 occasions under the name of the registration fee of D, etc., but did not repay it, but the victim did not pay it, thereby making the above 31,60,000 won in the claim amount around December 26, 2006, the Seoul Southern District Court 2006Kadan24385 provisionally seized No. 205, 302 of the Yangcheon-gu Seoul E building in the name of D pursuant to the provisional seizure order of real estate No. 205
On February 13, 2007, the Defendant issued a loan certificate stating the above contents to H, which is known to the victim and the victim at the Seoul Branch Office of the Seoul Branch Office of the G company located in Mapo-gu Seoul Metropolitan Government, stating that “The Defendant would pay 50 million won per week by releasing provisional attachment established on D apartment units in the name of D and pay 1 million won per the end of each month to October 30, 2007.” On the same day, H issued the loan certificate to the victim on the same day.
However, at the time of the cancellation of provisional seizure, the Defendant did not have property in bad credit, and was liable for KRW 13 million, and the Defendant did not properly proceed with the soil and sand supply business at the Saemangeum Construction Site, which the Defendant intended to promote. Therefore, even if the provisional seizure was cancelled, the Defendant did not have the intent or ability to repay the borrowed money to the victim.
On February 20, 2007, the defendant deceivings the victim as above, and caused the victim to cancel provisional attachment of the apartment in the name of the D at the Seoul Southern District Court civil petition office of the Seoul Southern District Court located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and caused D to acquire the above 31.6 million won property interest.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. Part C of the suspect examination protocol of each prosecution against the accused;
1. The text of the ruling on provisional seizure of immovables, the certificate of borrowing, and the full withdrawal of the lawsuit, respectively;