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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
To the extent that there is no substantial disadvantage to the defendant's exercise of the defendant's right of defense, facts recognized as evidence.
On November 25, 2010, Dobong-gu Seoul Metropolitan Government Housing is owned by Defendant's father D, and around November 25, 2010, about KRW 71 million was already loaned from the Koyangnuri Saemaul Community Fund as collateral of the above Housing Non-01, Non-02, and 102, but the registration of creation of mortgage was not yet completed.
On November 25, 2010, the Defendant stated the F Real Estate located in Dobong-gu Seoul Metropolitan Government E as D’s agent in the victim G G indictment as the victim, but the lessee is G, thereby recognizing G as the victim.
With respect to the above housing 102 to H and his/her father and agent, it concluded a lease agreement with H to the effect that D leases the above housing 102 unit amount to KRW 50 million among the down payment on the same day from H, the remainder of the down payment of KRW 4.5 million on November 26, 2010, and the remainder of the down payment of KRW 4.5 million on December 25, 2010, and the remainder of KRW 45 million on December 25, 2010, were acquired and acquired.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement by a witness H and I;
1. Documents related to the lease agreement;
1. A certified real estate register;
1. All documents to be submitted by suspects;
1. Application of Acts and subordinate statutes on loan application documents;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. As to the houses on which the sentencing reason of Article 62(1) of the Criminal Act was stated in the suspended sentence under Article 62(1) of the Criminal Act, a voluntary decision on commencement of auction was rendered on January 4, 2012 upon the request of the Goyangn Saemaul Community Depository. The victim received only the amount of KRW 25 million out of the lease deposit from the qualification of the small lessee with the highest priority repayment right in the auction procedure, and suffered damages for which the remaining amount of KRW 25 million was not paid. Thus, the Defendant
However, the defendant has no record of criminal punishment, and a considerable period of time.