A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 7, 2012, at the office of the “D Licensed Real Estate Agent” located in Gyeonggi-si, Gyeonggi-do, the Defendant prepared a charter contract with the victim G with respect to apartment units, F 103 1702 dong 1702, when the ownership registration was made in the name of the Defendant’s wife E, and made a false statement to the victim, “If the lease deposit is KRW 100 million, the Defendant shall register the amount of KRW 290 million with the maximum debt amount set forth in the above apartment unit as KRW 199 million to be reduced to KRW 190,000,000,000, and the second priority mortgage shall be cancelled.”

However, in fact, the Defendant did not have any other property under the circumstance that the Defendant bears monthly interest of KRW 2 million, and even if the Defendant received KRW 100 million from the victim, it was thought that it will be used for the business investment funds, personal living expenses, payment of overdue debts, etc. for living container agencies, and the Defendant did not have any intent or ability to cancel the second priority mortgage.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him from the victim as a deposit for lease on a deposit basis, shall be KRW 1 million on August 1, 2012 and the same month.

7. On August 13, 2012, KRW 9 million and KRW 50 million in the same month were remitted to the Defendant’s account in the name of a corporate bank (H) in the Defendant’s wife E’s name, and on August 13, 2012, the Defendant acquired KRW 100 million in total by transferring KRW 40 million to the savings bank account (I) in the above E’s name.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect to J;

1. Protocol of the police statement concerning G;

1. The lease contract;

1. Each receipt; and

1. Details of transactions of corporate banks;

1. Notice of the details of arrears and expected seizure;

1. Collection and application of the details of loans and transactions by savings banks and the Acts and subordinate statutes on deposit transactions;

1. The relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and the mitigation area (not less than KRW 100,000, less than KRW 500,000).