A defendant shall be punished by imprisonment for one year: Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and C are co-owners of Da 101 201 dong 201 dong 201.

Around December 11, 2009, the Defendant and C concluded a lease agreement with the victim G at the F Authorized Broker Office located in Dong-si, Seoul around December 11, 2009, stating that “If the Defendant and C paid the amount of KRW 150 million guaranteed, the Defendant would lower the principal amount from KRW 154 million to KRW 70 million by partially repaying the secured debt of Samsung Life’s Samsung Bio-mortgage, which was established on the above apartment.”

However, at the time, the Defendant and C purchased the above apartment by borrowing the full amount of the purchase price at the time of the purchase, and thereby, received demands for repayment from creditors, and even if the apartment was newly purchased in a common zone, there was no ability to pay the purchase price, so even if the money was paid from the injured party, it was thought that it was used in full for other purposes, such as repayment of the existing debt, purchase price of the common apartment, living cost, etc., and there was no intention or ability to repay the secured debt.

Accordingly, the Defendant, in collusion with C, by deceiving the victim, received the total sum of KRW 150 million from the victim to the Defendant’s Agricultural Cooperative Account (Account Number: H) on December 11, 2009, the intermediate payment of KRW 50 million on December 23, 2009, and the balance of KRW 85 million on January 13, 2010, and received KRW 150 million from the victim as a check.

On June 8, 2009, the Defendant issued a summary order of KRW 700,000,000,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court's Tongwon District Court's 201, on December 1, 2011, a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Seoul East East District Court's 201, and on September 10, 2013, a summary order of KRW 5,00,000 was issued as a penalty of violation of the Road Traffic Act in the Gwangju District Court's Macheon Branch of the Gwangju District Court.

[Criminal facts] The Defendant left without a driver’s license around October 15, 2017, and left before.