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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 this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On December 6, 2012, the Defendant committed the crime on December 6, 2012, at the certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government, the Defendant concluded a verbal contract with the victim E to purchase the victim’s land F, G, and H (hereinafter “instant land”) at the victim’s office located in Seocho-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government”) in order to enable him/her to borrow money as security, first of all, to enable him/her to borrow the instant land. In short, the Defendant would pay the purchase price after a false statement, and to purchase the instant land with the victim at KRW 80 million.
However, in fact, the Defendant had no property, other than the Defendant, at the time at the time there was no other obligation equivalent to 30 million won, and the Defendant was planning to purchase the 1st floor of the 8 foot building in Yongsan-gu, Yongsan-gu, Hanyang-si with the instant land offered as collateral and borrow the instant land, and then receive a new loan from the said building as collateral and pay the purchase price for the instant land, but it was unclear whether additional loan was possible because there was a loan equivalent to 1.334 million won for the said commercial building, and thus, even if the right to collateral security was established on the instant land from the victim, the Defendant did not have the intent or ability to cancel the right to collateral security
Nevertheless, on December 6, 2012, the Defendant, by deceiving the victim as above, borrowed 25 million won from the bond business operator J to the victim, and had the victim obtain pecuniary benefits from the victim, which is equivalent to the maximum debt amount, by allowing the victim to complete the registration of the establishment of a collateral for the land in this case, and the debtor A and the mortgagee J to complete the registration of the establishment of a collateral for the establishment of a collateral for the mortgage equivalent to the maximum debt amount.
2. On August 16, 2013, the Defendant committed a crime with no payment of the purchase price for the land under the agreement under paragraph (1) and towing the date, and around July 9, 2013, the Defendant calculated a total of KRW 85 million by adding interest on the instant land to KRW 85 million to the previous purchase price.