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

Punishment of the crime

[Reference Facts] Around December 19, 2012, the Defendant needs to pay money to the victim in the V office operated by the victim U in Seocho-gu Seoul Metropolitan Government T and 13th floor in order to conduct a sales agency business of X-high-class houses.

In borrowing KRW 250,00,000 from the loan, the victim made an agreement on the lending of money up to the loan period from December 24, 2012 to January 25, 2013 by stating that the victim will transfer the ownership of the household X 1, with the principal and interest of KRW 250,000,000 within one month, or that X 1 will transfer the ownership of the loan, and the victim set up a new agreement on the lending of money from the loan up to the loan period from December 24, 2012 to January 27, 2012 with a new account (Account Number Z) opened by the defendant for the lending purpose, and around December 26, 2012 with the amount of KRW 250,000,000,000 to the new account (Account Number Z), the maximum amount of land and mortgage owned by the Cheongju-si and the creditor as KRW 300,50,000.

After that, on February 20, 2013, the Defendant received demand from the injured party for the repayment of money after the agreed repayment date, and around February 20, 2013, the Defendant received the payment of the principal and interest of the money from the said V office, “Around February 20, 2013, it is necessary to pay the victim the principal and interest of the money borrowed prior to the failure to enter into the W, and KRW 100 million is required to enter into a contract with W, and if W and the contract are only conducted with W, it is waiting for the seller to pay the principal and interest of KRW 350 million to the total amount borrowed within one week, and around February 20, 2013, received KRW 10 million from the injured party by receiving KRW 350 million in total from the account under the aboveY (State).

[2] On February 20, 2014, the Defendant: (a) borrowed a sum of KRW 350 million from the injured party and received demand from the injured party for the repayment of money that is sufficient to reach the agreed repayment date; and (b) on February 20, 2014, the Defendant believed that the Defendant would immediately conclude a sales contract and pay the money to himself/herself; and (c) on the other hand, the Defendant terminated the right to collateral security established on the above real estate in cash.