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

Punishment of the crime

On July 1, 2005, the Defendant borrowed 70 million won from the victim C as a fund for purchasing 94m2 in Daegu Suwon-gu, Daegu-gu, and on the same day, the Defendant established and registered the right to claim ownership transfer registration with the victim to the above real estate registered under the name of the Defendant’s wife E as a provisional registration authority on the same day.

On February 21, 2007, the Defendant made a false statement to the effect that “The Defendant would immediately pay the borrowed money by selling the said real estate to another person on the face of the principal by cancelling the provisional registration,” at the G office of the victim’s operation of the Daegu Dong-gu, Daegu.

However, even if the provisional registration of the above real estate is terminated, the defendant did not have the intention or ability to repay the borrowed money to the victim.

The Defendant, by deceiving the victim as such, received documents from the victim related to the termination of the provisional registration of the right to claim ownership transfer from the victim, and completed the registration of cancellation of the provisional registration on the above real estate at the market price of approximately 60 million won at the time of the same month, but did not repay the borrowed money to the victim, thereby acquiring property profits equivalent to the market price of the above real estate.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each protocol of the police interrogation of the accused (including cross-examination);

1. Statement of the police statement regarding C;

1. Letter of payment;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. The pertinent provision of the criminal facts, Article 347(1) of the Criminal Act regarding the judgment of the defendant and the defense counsel's argument, and the reason for sentencing, the defendant and the defense counsel denies the criminal intent of defraudation, and the defendant did not receive money from the defendant even after the victim C cancelled the provisional registration of this case upon the defendant's request. However, the defendant at the time of the cancellation of provisional registration, "on the face of the cancellation of provisional registration, he shall have the real estate loaned as security and sold the remaining real estate."