A defendant shall be punished by imprisonment for one year.

However, 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

On August 25, 2016, the defendant was sentenced to a suspended sentence of two years for a year, due to a violation of the Labor Standards Act in the Busan District Court.

9.2. The judgment became final and conclusive.

On March 5, 2014, the Defendant purchased the victim C’s office located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul, and the victim C and D in the name of the F Co., Ltd., a corporation operating the Nam-gu E 300 of KRW 1250,000,000, which is jointly owned by the parties.

In this year, since there is no money for spawn, 30 million won of the above real estate is first lent as security, 70 million won of the remainder of the down payment shall be paid 230 million won on the 20th day of the same month, and 55 million won of the remainder of the down payment on the 20th day of the same month shall be paid after paying the remainder of the down payment.

4. On May 20, 2017, upon repayment of 300 million won loan, terminated the right to collateral security, etc. and paid the remainder of the balance on May 20, 2014 to transfer ownership.

Therefore, the Defendant did not intend to purchase the above real estate, but did not intend to use only funds worth KRW 230 million at the time. The Defendant did not have the intent or ability to terminate the establishment of the right to collateral security by paying the purchase price or repaying the borrowed money to the victims on the date of the agreement on the date when the Defendant did not have any particular property.

Ultimately, the Defendant, by deceiving the victims as above, received documents, etc. necessary for the establishment of the right to collateral security against E from the victims, and then borrowed KRW 30 million from the bond company as collateral and used KRW 230 million out of the amount as collateral, acquired financial benefits equivalent to the above amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement concerning the suspect interrogation protocol of the police twice against the defendant;

1. Previous conviction: Reference to inquiries about criminal history, application of Acts and subordinate statutes of investigation report (Attachment to a copy of the judgment);

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.