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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On March 25, 2010, the Defendant concluded a contract with B to purchase KRW 1704,230,000 on the 17th floor of the Seocheon-si C Building No. 17 of Seocheon-gu, Seocheon-gu, Seoul with B, under which the Defendant agreed to pay the remainder of KRW 185,000,000 from the purchase price to June 25, 2010, and had mind to raise the remainder as the lease deposit and bank loans to be received from the lessee of the said house.
On May 27, 2010, the Defendant concluded a real estate lease agreement with the victim F to lease the leased house to the victim in the E-real estate real estate real estate agent office located in Seocheon-gu, Seocheon-gu, Seocheon-gu to the effect that “this house is not set out outside the right to collateral security of 54 million won with the maximum debt amount at the Japanese bank,” and received KRW 13 million from the victim as the down payment.
In addition, on June 22, 2010, the Defendant entered into a monetary loan agreement with the Seongdong Saemaeul Community Fund, and on June 25, 2010, received KRW 154 million from the above credit cooperative, and delivered documents necessary for the registration of the establishment of neighboring mortgage to the above credit cooperative, and caused the above credit cooperative to complete the registration of the establishment of neighboring housing around June 25, 2010.
Nevertheless, on June 25, 2010, the Defendant borrowed KRW 154 million from the above credit cooperative on or around June 25, 2010 from the above credit cooperative and did not notify at all the same time that the maximum debt amount would be 220,000,000 won for the relevant house, and received the remainder of the lease deposit from the victim who is unaware of the fact that the establishment registration will be completed.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. The statement of each police officer made to F and G;
1. The application of the relevant Act and subordinate statutes of the Ministry of Trade, Industry and Energy, of the studio charter contract (amended by May 27, 2010), the certified copy of the register (amended by May 27, 2010), the studio charter contract (amended by June 25, 2010), and the certified copy of the register of the register