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

Punishment of the crime

[2016 Highest 1075] Defendant A is between E and husband.

Defendant

A around June 7, 1995, Canada, around July 5, 1995, and around July 5, 1995, the Defendants acquired U.S. citizenship while staying in the United States for the purpose of escaping criminal punishment such as fraud.

1. Defendant A, along with Defendant A’s joint crime, operated “H” in Franchi G of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City Franchi, but due to the lack of operating funds, such as the check payment fund, etc. due to the business depression, Defendant A borrowed KRW 5 million on the condition that Defendant A would pay the victim I a second-half-month interest at the mutual influent Subdivision located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, on January 1994.

Defendant

A, around March 10, 1994, at the point of K K Bank T-dong in Seongbuk-gu Seoul High Court, issued a promissory note (the payment date on September 15, 1994) with a face value of KRW 20 million with a face value of KRW 20 million with a face value of KRW 5 million, including a loan of KRW 15 million, not later than September 15, 1994, and to create a collateral security right on the real estate owned by Defendant A, with a face value of KRW 20 million with a face value of KRW 20 million.

However, in fact, around June 18, 1992, the Seoul Dongdaemun-gu L site and its ground houses owned by Defendant A were in short of the claim amounting to the maximum amount of KRW 42 million in M, and around February 23, 1994, the mortgage amounting to KRW 23 million in M is insufficient to secure the victim’s collateral value for the borrowed money. Since the Defendants planned to dispose of the above real estate, they did not have the intent or ability to set up the mortgage against the victim, and there was no other intent or ability to repay the borrowed money.

E was given 15 million won as a loan from the injured party, i.e., the injured party.

As a result, Defendant A received property by deceiving the victim in collusion with E.

2. Defendant A’s use of an altered official document and the uttering of an altered official document is the security of the borrowed money as provided in paragraph (1).