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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On January 7, 2004, the Defendant purchased land in Yeongdeungpo-gu Seoul Metropolitan Government E (Gu address: Yeongdeungpo-gu address) and G building with five commercial buildings above its ground and completed the registration of ownership transfer by taking into account the sum of USD 1,450,000 (at that time, USD 1,700,000,000) and KRW 80,00,000 borrowed from Hanmi-gu Bank as loans from Hanmi Bank on behalf of the victim D (the 48 years old at that time, U.S. citizen) who is a female living in the U.S. on behalf of the victim D (the 48 years old at that time, and the 36/100 of the defendant's shares, and completed the registration of ownership transfer by purchasing the land in Yeongdeungpo-gu Seoul Metropolitan Government E (Gu address: F) and the 5th commercial building on behalf of the victim.
On July 21, 2011, the Defendant called “Around July 21, 201, the Defendant sent a power of attorney as it is necessary to extend the time limit for loans of KRW 800,000,000 that was borrowed at the time of purchasingG buildings.”
However, the fact was that the defendant received 900,000,000 won from Ha and kept and received a monthly demand to return the remaining amount of storage from H while paying the monthly living expenses, and the defendant was to obtain a loan as collateral for the above G building owned by the victim and the Seoul Yeongdeungpo-gu E land, the site thereof.
Around July 26, 2011, the Defendant: (a) obtained a power of delegation from the victim to the effect that “a joint owner of all rights toG buildings” was “a joint owner of the building”; and (b) obtained pecuniary benefits equivalent to the said amount by establishing a collateral security right of KRW 440,000,000 from the new bank on the said G building and Yeongdeungpo-gu Seoul Metropolitan Government E land.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Six months of imprisonment with prison labor;
1. Reasons for sentencing under Article 59(1) of the Criminal Code (hereinafter the following grounds for sentencing) of the suspended sentence [the scope of recommending sentence] general fraud (not less than KRW 100,000 and less than KRW 500,000).