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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around November 14, 2018, the Defendant stated that “Around November 14, 2018, the Defendant borrowed money by either selling the house or converting the monthly rent into a pre-tax agreement,” with the victim at the victim C’s residence in Michuhol-gu Incheon Metropolitan City, “A person who owns the house is not subject to the right to collateral security, and the tenant also is a monthly rent contract with the maximum deposit of KRW 10 million.” The Defendant stated that “A person would repay the borrowed money by means of selling the house or converting the monthly rent into a pre-tax agreement.”
However, on October 12, 2017, in the case of the above D Building E which the defendant offered as security, a lease contract was concluded with the lessee of the Korea Land and Housing Corporation (occupantF) and the lease deposit amount of KRW 70 million, and on October 13, 2017, the lessee obtained the fixed date, so there was a creditor who has priority over the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 8 million from the victim as the borrowed money on the same day, and obtained KRW 23,500,000 in total five times in the same manner as the attached crime list, as shown in the attached list.
"Around July 17, 2019, the Defendant: (a) called "Around July 17, 2019, the victim G, a tenant of the former loan owned by the Defendant; (b) "a son is pawned in the vicinity of the H building; and (c) Incheon I also have a house in the Republic of Korea; (d) as there is a shortage of money to purchase at once, 2% interest per month shall be paid and the principal shall be repaid after one year."
However, the Defendant did not have a plan to purchase an additional house, and at the time, the amount of the overdue debt of the financial institution was 96 million won in total, and the amount borrowed from the victim was thought to be used as personal debt repayment or living expenses, and the monthly income was merely 2 million won, and there was no intention or ability to pay the principal and interest according to the agreement.
Nevertheless, the defendant is on the same day from the victim.