A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Judgment of the court below] Since 2005, the defendant operated C Co., Ltd. for the purpose of housing construction business from around 2005, and promoted the construction project of the main apartment complex D and E in Suwon-si.

On March 10, 2006, if the defendant lent KRW 160 million to the victim F, the defendant would pay KRW 660 million through the process of financing right PF lending.

The Defendant borrowed KRW 160 million from the victim. However, from April 4, 2006, some of the said apartment site from the point of view that it is difficult to proceed with the new apartment construction project on the wind where the loan of financial rights is unnecessary by demanding two times the purchase price or notifying the termination of the purchase and sale contract concluded with the Defendant. [criminal fact] The Defendant purchased the land in the Ho-si-si G around Apr. 12, 2006 from the victim F to the land in the business site with the money borrowed in addition to KRW 200 million and proceeds with the execution of the apartment construction project after the last repayment of KRW 80 million.

By August 12, 2006, the first financial right PF loan was received and returned, and the remainder will be paid KRW 250 million at the time of the apartment sale contract, KRW 250 million at the time of the installment payment for apartment house, KRW 250 million at the time of the payment for the first installment payment for apartment house.

In addition, if 300 million won is not paid by the due date, 24 percent per annum of interest on arrears shall be paid, and as a security for the borrowed money, the right to collateral shall be established in the second order within 45 days from the J of the Suwon-gu, Suwon-gu, which belongs to the project site.

‘False speech' was made.

However, in fact, if the defendant promised to offer it as security, the Suwon-gu J did not have a lot number.

In addition, the defendant did not notify the complainant of this fact even though he had already concluded a sales contract in the name of L, the principal of the defendant with respect to Suwon-si K.