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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[201st order 2233] On October 25, 2007, the Defendant succeeded to the existing collateral loans of KRW 370 million and purchased the remaining KRW 150 million from the investment of KRW 750 million by the Defendant and the victim D, respectively, in order to preserve the right to claim the transfer registration of ownership, set the collateral security right as the maximum debt amount of KRW 50 million, the mortgagee, the Defendant, and the victim.
However, while the Defendant was unable to pay the interest on the above loan, he knew that the pention Eshion (hereinafter “Eshion”) of Incheon Cheongjin-gun (hereinafter “Eshion”), he purchased Eshion amounting to KRW 1.8 billion, succeeded to the existing security loan amounting to KRW 600 million, and provided bonds or bank loans with KRW 700 million as a bond or bank loan, and purchased the remainder by paying the remaining balance as a substitute.
On July 20, 2008, the Defendant stated that “The Defendant would pay KRW 150 million in total, including KRW 75 million invested at the time of purchase, by October 20, 2008, at the real estate brokerage office located in Suwon-si, Suwon-si, Suwon-si, that “The Defendant terminated the right to collateral set on the high-lit ground, and would set up the second right to collateral on the E pension, and would pay KRW 150 million,000,000,000,000,000,000 won.”
However, as the defendant plans to prepare bank loans and insufficient purchase funds for bonds because there is no particular property, the defendant has no intention or ability to set up the second priority mortgage in Epenta, and there was no intention or ability to pay the victim the amount of KRW 150 million agreed until October 20, 2008.
Around July 30, 2008, the Defendant received documents necessary for the cancellation of the right to collateral security from the victim, and subsequently acquired pecuniary profits equivalent to KRW 75 million from the victim’s investment by cancelling the said right to collateral security around July 30, 2008.
[2012J 35] Defendant is in the northwest of Suwon-gu, Suwon-si on July 28, 2010.