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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant against B and C, respectively, 60 million won, and 100 million won against D.
Reasons
Punishment of the crime
On March 2010, while the Defendant owned the above apartment E-B bonds, it was anticipated that a request for auction had not been made due to the failure to fully repay the loan granted to the above apartment bonds as collateral, and when the above apartment house tenants could not refund the deposit deposit to the former tenants, the Defendant was faced with the victims as if he paid one-year interest on the loan, and was willing to collect the deposit by leasing the above apartment bonds.
1. On March 19, 2010, the criminal defendant against the victim B stated that “The victim B owns E-building Nos. 702 Dong 702, and the present principal of the loan remains 349 million won, at the G Licensed Real Estate Agent Office in Bupyeong-gu, Seocheon-gu, Seoul., Seoul., the Defendant would return the deposit for the lease after the year, without any concern about compulsory execution during the lease period due to the advance payment of the interest for the one-year loan.”
However, there was no intention or ability to refund the deposit after one year because the defendant could not pay the interest on a one-year loan, and he could not pay the loan properly at the time.
Nevertheless, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Defendant’s national bank account, i.e., the down payment from the victim, and received KRW 110 million in total from April 23, 2010 to the same account.
2. Around May 8, 2010, the Defendant against the victim D made a false statement to the victim D that “at the H Licensed Real Estate Agent Office in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, owned E building No. 702 Dong 601, and the current principal of the loan remains 400 million won, and the interest rate of KRW 19,923,828 was paid in advance from August 8, 2010 to July 201. As such, the period of lease is unlikely to be subject to compulsory execution during the period of lease, and it is expected to return the deposit after one year.”
However, the defendant could not pay the interest on a one-year loan in advance, and he could not pay the loan properly at the time.