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

Punishment of the crime

Even if the company operated in 2004 borrowed money from China due to the shortage of funds due to the shortage of funds, the defendant did not have the intent or ability to repay the money, and even though the company had the right to move in under the Seodaemun-gu Seoul Metropolitan Government apartment house C apartment house 502, it had already sold and sold it to others, the defendant did not have the right to sell the above apartment house. However, the defendant had the right to sell the apartment house as if he had the right to sell the apartment house against the victim D, who is the lessor of the building where the defendant had been residing, and he had the right to sell the apartment house.

Around August 20, 2006, the Defendant made a false statement to the effect that “If he/she lends money to the victim as he/she has the right to sell an apartment house C apartment house 502, he/she shall be paid the money by selling it up to the time he/she moves into the apartment.” The Defendant was granted from the victim the money for the loan of KRW 37 million on the same day, KRW 20 million on December 15, 2006, KRW 20 million on or around January 31, 2007, KRW 23 million on or around February 15, 2007, KRW 23 million on or around February 15, 2007, and KRW 5 million on or around February 28, 2007, respectively.

Around March 19, 2007, at the same place, the Defendant, at the same time, could not seek a purchaser of an apartment unit that purchased the apartment unit due to a default, and thus, would directly purchase and sell the apartment unit instead of the repayment of the loan. The purchase price is 490 million won and the bank loan is 200 million won. If the difference is more than the balance, the Defendant would transfer the registration of the apartment unit. The Defendant received from the victim the payment of KRW 13 million on the same day, around April 3, 2007, around 60 million, and around July 9, 2007, respectively.

Around January 14, 2008, the Defendant made a false statement to the effect that “the expenses for the settlement and transfer of debts are required for the transfer of registration of the above apartment” to the victim at the same place, and that it is 40 million won from the victim on the same day.