A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On March 19, 2010, the Defendant purchased three lots of land, such as 1950 square meters, in the office located in Gyeonggi-gun B, Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, Inc. (hereinafter “instant land”), from the victim via F and G, to KRW 200 million. “The contract amount of KRW 25 million shall be paid on the date of the contract, and if the remainder is delivered with the document for the establishment of the right to collateral security, the Defendant would make use of the document for the establishment of the right to collateral security on the instant land to a rice seller of rice, and would pay the remainder with the correct income after acquiring rice from the above H, thereby making it difficult for the Defendant paid the remainder.

However, the facts revealed that the above H was not a rice seller, and the defendant set up a collateral on the instant land owned by the victim to H and borrowed KRW 70 million from the above H for personal purposes. The defendant used the instant land for personal purposes even if he received from the victim the documents for the establishment of a collateral on the instant land from the beginning, he did not have the intent or ability to pay a balance to the victim for purchase and sale of the instant land.

The Defendant, by deceiving the victim as above, set up a right to collateral security of KRW 300 million with the maximum debt amount of KRW 22 million with the land of this case, the market value of which is KRW 220 million owned by the victim, thereby gaining pecuniary benefits equivalent to the value of the land of this case.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement of statement to D or I by the police;

1. Application of statutes to a certified copy of a register, a real estate sales contract, and a copy of understanding;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;