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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 1, 2010, the Defendant entered into a contract to purchase land in Sacheon-si, Inc. owned by Bacheon-si, which was located in the area near Busan-gu, Busan-do, and the Defendant's project was delayed because it did not pay appraisal costs.
To borrow appraisal costs, the right to collateral security will be cancelled by August 30, 2010 and KRW 10 million will be offered on the face of Jeju-do real estate owned by the victim as collateral.
“The phrase “ was false.”
However, in fact, the Defendant did not enter into a purchase contract on the land located in the Macheon-si, but did not have any property and did not have any other work or fixed income. Therefore, even if the Defendant created a collateral on the real estate owned by the Defendant, the Defendant did not have any intention or ability to cancel it and reduce ten million won.
On August 17, 2010, the Defendant received from the injured party the documents necessary for the establishment of the right to collateral security from the non-filled certified judicial scrivener office located in the Yong-do, Busan on August 17, 2010. On the same day, the Defendant completed the registration of the establishment of the right to collateral security of the maximum amount of nine million won on the real estate located in the Hadong-gun, Changwon District Court located in the Hadong-dong, Dong-dong, Dong-dong, Dong-dong, Seoul on the same day.
Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.
Summary of Evidence
1. Entry of a defendant in part in the protocol of second public trial;
1. The statement of a witness C recorded in the witness examination file among the third public trial records;
1. Application of Acts and subordinate statutes to a loan certificate or a letter of termination (Evidence No. 13, 14 pages);
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The amount obtained by deceitation of the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the records of the same crime of the accused, the victim does not want the punishment of the accused, and the recommended punishment according to sentencing guidelines [the general fraud is less than KRW 100 million].