A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 30, 2013, the Defendant of Seocho-gu Seoul Metropolitan Government on July 30, 2013, the notary public, located in Seocho-gu, Seocho-gu, Seoul, 1716-8, extended the interest rate of 1.4% per month if he/she lends KRW 50 million to the victim C, and paid the principal in full on July 29, 2014.

The phrase “D gas station will be sold and receive the balance of KRW 300 million, and E and F apartment houses residing therein shall also be offered as security,” made a false statement to the effect that “D gas station will be sold and receive KRW 300 million.”

However, the defendant did not have the intent or ability to pay the principal and interest even if he borrowed the money from the damaged person due to the difficulties in the financial situation, such as the situation where the defendant is obliged to pay 30 million won as interest and living expenses each month at the time of borrowing money from the damaged person.

The defendant deceivings the victim as above and transferred KRW 50 million to the national bank account under the name of the defendant on the same day from the victim.

The Defendant, “The 2016 Highest 3065,” as a person who operated the H gas station located in the Nam-gu Incheon Metropolitan City G, concluded a lease agreement with the lessor I and around July 1, 2013, stating that “the lease deposit of KRW 110 million is KRW 600,000,000,000 monthly rent, and up to July 9, 2016, the Defendant paid the lease deposit to the said I, and had the obligation to return the lease deposit of KRW 110,000,000,000 to the said I.

On October 30, 2014, the Defendant obtained a loan of KRW 70 million from the “H gas station” office around October 30, 2014 from the victim well-sustaining Savings Bank (ju), and did not notify the said I of the transfer of the claim for the lease of KRW 70 million out of the lease deposit amount of KRW 110 million in the said gas station.

On April 17, 2015, when the above lease contract was terminated, the Defendant returned the remainder of the deposit amount of 48.9 million won from the I on the same day and kept for the victim, the Defendant was against J on April 18, 2015.