Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 4, 2010, the mother C entered into a lease contract with the lease term of KRW 60 million on March 15, 2012 and the lease term of KRW 60,000,000, Nam-gu E apartment house 401, Nam-gu, Nam-gu, Seoul Special Metropolitan City on March 4, 201, and the Defendant was loaned KRW 42 million from the new Capital as security on June 14, 201.
On April 16, 2012, at the “H” office of the victim G management of the south-gu Seoul Special Metropolitan City F1st, the Defendant entered into a loan agreement with the victim as security, even though the victim had already been granted a loan as security and was delegated by the said C and notified the lessor of the transfer of the claim, without notifying the victim of this fact, as if the claim for the repayment of the lease deposit was not a senior security, and as such, the Defendant did not notify the victim of this fact, concluded the loan agreement as security for the claim for the repayment of the lease deposit.
As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim under his/her own name as a loan immediately, and received the remittance of KRW 10 million on May 1, 2012, KRW 45 million on June 9, 2012, KRW 500,000 on June 22, 2012, KRW 500,000 on June 55, 2012, KRW 500,000 on July 6, 2012, and KRW 40 million on July 28, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of each police suspect against D or C;
1. Statement of the police statement related to G;
1. Verification of change of name, a lessor's written consent to a loan against security of lease deposit, notification of a contract for the transfer of lease deposit, a contract for the transfer of deposit of monthly rent deposit and bonds, and the application of statutes of each standard contract
1. Where the victim is also responsible for the occurrence of a crime or the expansion of damage to the victim's area of mitigation (one month to one year) in the area of punishment (one month to one year), Article 347 (1) of the Criminal Act regarding the pertinent criminal facts, Article 347 (1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommended] general fraud (the scope of punishment shall be less than one hundred million won).