A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On April 21, 2015, the Defendant entered into a lease agreement with the victim G on the deposit amount of KRW 700 million (the lease lease agreement) with the Defendant as to the F. 302 of Gangnam-gu Seoul F. F. 302, which is the joint ownership of the Defendant and his/her wife E in Seoul, around April 21, 2015, the Defendant agreed to ensure that the lessee shall have the first priority right of lease on a deposit basis by cancelling all loans and provisional seizure set forth in the above 302 until the remainder of June 10, 2015, and that the victim shall have the right of priority by cancelling the registration and provisional seizure set forth in the above real estate at the due date for payment of the remainder, as there is no problem at all to make the victim a first priority right holder by cancelling the registration and provisional seizure. On June 10, 2015, there is no problem in cancelling the senior right of lease registration, including the cancellation of the lease registration of the former lessee immediately if only the victim pays the remainder to the victim.

The purport was that “it is not a problem even if any balance is paid because the registration is waiting before the registry office with documents to cancel the registration.”

However, at the time, the Defendant and E did not have any other property other than the above real estate, and paid interest in arrears to financial institutions, including Hyundai Capital, including the obligation related to the right to collateral security and provisional seizure established on the above real estate. The situation was that the Defendant and E paid 700 million won of the lease deposit received from the injured party to return the lease deposit amount of KRW 600 million to the existing lessee and there was no clear way to raise any other funds. Thus, as promised by the injured party, the Defendant and E paid all the secured debt and provisional seizure of senior collateral security debt exceeding KRW 300 million of the lease deposit amount of KRW 700 million,000 of the lease deposit received from the injured party, and there was no other way to raise funds. Therefore, as promised by the injured party, the Defendant and E repaid all the secured debt and provisional seizure of senior collateral security debt exceeding KRW 300 million in total.