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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Majority Opinion] On January 26, 2016, the Defendant was sentenced to imprisonment for three years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Gwangju High Court on January 26, 201, and the judgment became final and conclusive on January 27, 2016.
"2016 Highest 337"
1. On March 2014, the Defendant seeks to purchase the victim’s “Silsan City G, H land and ground buildings (hereinafter “the instant real estate”) owned by the victim from the victim E office located in Gunsan-si, Gunsan-si, Ma, and M land and ground buildings (hereinafter “the victim’s real estate”).
Pursuant to the transfer of the ownership of tehere to pay the down payment of KRW 20 million as security, the above real estate is loaned as security, and the victim of the right to collateral security established on the real estate will settle the secured debt of KRW 320 million, and the remainder of KRW 610 million will be paid until April 11, 2014.
“The purpose of “ was to pay KRW 20 million as the contract deposit for real estate sales,” making a false statement to the effect that “.”
However, in fact, even if the Defendant was liable for the total amount of KRW 850 million at the time, and did not have any special property, and even if the Defendant received the ownership of the instant real estate from the right to finance and received the loan from the right to finance, the Defendant was planned to use the loan to repay the Defendant’s existing personal debt, and thus, the Defendant did not have any intent or ability to pay the Defendant the remainder of the real estate sales until April 11, 2014.
Accordingly, the Defendant, by deceiving the victim, received ownership of the instant real estate from the victim on or around March 18, 2014, and on the same day, received a loan from the financial right as collateral and repaid the victim’s secured debt amount of KRW 320 million, and around April 8, 2014, received an additional loan from the financial right as collateral and paid the victim a balance of KRW 160 million out of the remainder of KRW 610,000,000,000 from the financial right as collateral, but did not pay the remainder of KRW 450,000,000 by the agreed deadline.