Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On November 15, 2010, the Defendant purchased, through the victim E’s agent F, a detached house located in Gangnam-gu Seoul Metropolitan Government (Seoul) with the victim’s agent F. The Defendant purchased the victim’s money to KRW 249 million. The Defendant acquired the debt of KRW 195 million with the maximum debt amount set up by the right to collateral security and paid the remainder of the debt to the Dongdaemun-gu Saemaeul Community Treasury. If the money is insufficient, the Defendant first borrowed KRW 30 million with the money, the Defendant would first set up the right to collateral security and pay the deposit for the lease on a deposit basis.”

However, the Defendant had previously promised to borrow KRW 25 million from the person who was unaware of his name, who was another bond company, to pay the debt to the person who was unaware of his name, by putting the house on a deposit for the lease on a deposit basis, and there was no intention to pay the above borrowed money due to no particular property or profit.

As above, the Defendant, by deceiving the victim as above, was given 20,330,000 won after deducting 6,700,000 won from the victim’s position as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the suspect examination of the accused;

1. Application of each statute;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the defendant did not have any criminal intent to acquire money from the victim at the time when he borrowed money from the victim.

The following facts revealed by the evidence duly examined by this court, that is, the defendant was not only a person of bad credit standing but also a person of bad credit standing at the time of purchase of the house as stated in the judgment, and the defendant had already borne an obligation equivalent to 249 million won.