A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On September 3, 2012, the Defendant leased 501,00,000,000 won in total to the injured party E at the revised Ma-gu, Sungnam-si, the Defendant released 3 collateral security (the maximum amount of 169,000,000,000,000,000,000 won in creditors’ claim, the maximum amount of 38,000,000,000,000 won in creditors’ claim, and the maximum amount of 60,000,000,000 won in creditors’ claim, out of the actual debt amount of 130,000,000,000,000 won against the Saemaul F-si, which is owned by the Defendant, to one bank.

Merely, the statute was weak.

However, the Defendant, at the time, was liable for the subcontractor's obligation to pay KRW 200 million to the subcontractor. Even if the Defendant received the deposit from the injured party, he did not have any intent or ability to transfer the said deposit to one bank by reducing the right to collateral security of the Saemaul Undong Treasury, such as the victim's agreement, even if he received the deposit from the injured party, he did not have any intent or ability to pay the deposit.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained 7 million won as down payment from the victim’s place of damage to the victim; and (c) obtained 123 million won as the remainder on September 20, 2012; and (d) acquired 130 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, a deposit contract, a certified copy of the register, a letter of confirmation, a receipt for loans, and a fair deed;

1. Application of Acts and subordinate statutes to each investigation report (Submission of detailed statement of suspect's transaction, details of use of security deposits, submission of detailed statement of transaction, suspect 45 million won of transaction, etc.);

1. Grounds for sentencing of the relevant criminal facts, Article 347 (1) of the Criminal Act that applies to the applicable criminal facts, and that of the choice of imprisonment;

1. Criteria for sentencing [the scope of recommending punishment] General Fraud. The two types of punishment (the amount shall be at least one hundred million won, and the amount shall be less than five hundred million won).