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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. To the extent that it does not substantially disadvantage the Defendant’s exercise of his/her right to defense, the Defendant was aware of the facts charged as criminal facts. On May 2014, the Defendant became aware of the victim D, operating a restaurant in E-Sa, located in Incheon, while running the restaurant in the same e-mail.
On May 26, 2014, the Defendant decided to purchase from the injured party the F, G, H, I, and J land 13,982 square meters (hereinafter collectively referred to as “instant land”) for KRW 600 million.
The Defendant provided the instant land as collateral and received a loan, and provided loan 40 million won, instead, to secure loan and sales balance of KRW 450,000,000,000, and provided loan 4 households newly constructed in Jung-gu, Jung-gu, Incheon, and 9,000, and agreed to transfer the ownership of 4 households to the victim when the Defendant fails to pay any balance by December 31 of the same year.
In accordance with such agreement, the Defendant offered the instant land as security to the Gam Savings Bank on July 9, 2014, and received a loan of KRW 250 million, and delivered KRW 150 million among them as down payment to the victim. However, on December 31, 2014, the Defendant did not pay any balance until December 31, 2014, and 4 households did not transfer it to the victim.
The Defendant and the victim, February 23, 2015, the down payment shall be KRW 150 million already paid, and the remainder shall be KRW 450 million in the same year.
3. Although a sales contract was concluded again for payment up to 20.20, the Defendant was notified of the termination of the sales contract from the injured party because the Defendant did not pay any balance.
On July 13, 2015, the Defendant completed the construction of the Jung-gu Incheon Metropolitan Government K Ground Loans (hereinafter “instant Loans”) by September 30, 2015, instead of paying the balance to the victim, and would pay the 4 household of the loan by the completion of construction until November 30 of the same year.
At the same time, the signature and seal of the owner of the loan of this case is affixed.