A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant operates a construction business chain C Co., Ltd.

On October 10, 201, the Defendant purchased 1,330 square meters of land located in Ma (77 years of age) in Macheon-gu, Seoul, for 42,500,000,000 won in Ma-si, the Defendant entered into a real estate sales contract with the content that the down payment is KRW 4,50,000 won in the intermediate payment, and the intermediate payment is KRW 235,00,000 in the intermediate payment, and the intermediate payment is succeeded to the loans of G Cooperatives established on land.

On December 13, 2011, the Defendant: (a) at the office of the credit service provider, located in Dong-ro, Seoul, lent money from H as collateral to the victim “F land to pay the down payment. The principal and interest at all are responsible for both the principal and interest, and at the high seas as collateral.”; (b) on the same day, the victim believed to be said, provided the said land as collateral when he borrowed KRW 70 million from Nonindicted H under the condition of 3% of monthly interest; and (c) H set up a collateral security right equivalent to 120,000 won in the name of “I” on the said land.

However, in fact, the defendant did not have the ability to pay the above interest according to the promise because he was unable to receive the construction cost that the defendant company continued, and was faced with the financial difficulties.

Ultimately, the Defendant, by deceiving the victim as above, caused the victim to provide the land owned by the victim as security for the Defendant’s H’s obligation to pay KRW 70,000 to the Defendant’s H, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The application of Acts and subordinate statutes to a real estate sales contract, a construction subcontract, a construction report acceptance, a certified transcript of corporate register, a copy of real estate register, a passbook transfer certificate

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Criminal Act, the suspension of execution;