A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On June 21, 2010, the Defendant entered into a contract to purchase KRW 113,000,000, Seo-gu, Incheon for the investment purpose, Seo-gu, Seo-gu, Incheon for the purpose of the purchase of KRW 113,000,00. The Defendant borrowed KRW 65,000,000 to be used as a balance from the victim’s “Dongnam Saemaul Depository” at an annual interest rate of 6.8%.

On July 28, 2010, the Defendant applied for a loan to the victimized company through F, an employee of the victimized company, upon hearing the condition that “the first right to collateral security shall be established in the state where there is no lessee in the above house, and the first right to collateral security shall be repaid at least 30% of the loans corresponding to the decrease in the value of the first right to collateral security in the name of the victimized company due to the small lessee’s right to preferential repayment,” and accepted the condition by means of writing and signing on “written promise to perform part of the loan (sale)” stating such purport.

However, even if the Defendant received the above loan and thereafter leased the above house and received the deposit, he did not intend to repay part of the loan in accordance with the above agreement.

Accordingly, the defendant deceivings the victim and obtained 65,000,000 won as a loan from the victim on the same day.

2. On November 2, 2010, the Defendant entered into a contract to purchase KRW 120,000,00 of the Seo-gu Incheon Building A, Seo-gu, Incheon for investment purpose, Seo-gu, Incheon for the purpose of November 2, 2010. The Defendant borrowed KRW 78,000,000 to be used for the remainder from the victim’s “Dongnam Saemaul Savings Depository” at an annual interest rate of KRW 6.8%.

On December 1, 2010, the Defendant applied for a loan to the damaged company through F, an employee of the victimized company, at the “E Certified Judicial Scriveners Office” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon. The Defendant set up the first priority collateral security to the community credit cooperatives under the status of absence of lessees in the above house, and the next time.