A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant borrowed KRW 100 million from the victim C around the second half of 2012, but it could not be repaid even after the due date arrives.

Accordingly, on February 4, 2014, the Defendant would sell all E's operating rights, deposit money, facility deposit, etc. to the victim in the office located in Seongbuk-gu, Daejeon, Daejeon, for KRW 250 million.

The amount of KRW 100 million out of the purchase price shall be offset against the existing obligation and the remainder of KRW 150 million shall be changed. A lease period of up to one year remains, prior consultation with the owner of the building would change the lessee's name, and if the change of name is known, interest will be paid under consultation until the full refund of the purchase price is made.

“.......... the agreed victim drafted a real estate transaction agreement with the content as stated above.”

However, in fact, the Defendant borrowed KRW 300 million from F to F on May 31, 2012, and KRW 200 million from G around February 13, 2013 as collateral for the transfer of the above main points, including the right to operate the said main points, and KRW 400 million from G around February 13, 2013. Upon obtaining a loan from the former North Bank, a pledge was established on the above main points’s lease deposit amount of KRW 50 million, and even if the Defendant’s financial bonds amounting to approximately KRW 934 million at the time, there was no intention or ability to return the purchase amount if the name was ordinarily transferred or the name was changed.

Nevertheless, the defendant deceivings the victim as above and treats the debt of KRW 100 million against the victim, and received KRW 150 million from the victim, thereby obtaining KRW 150 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Legal testimony of the witness C;

1. Each description of a real estate sale contract, a notice of pledge establishment, each process deed, a loan certificate, and a confirmation document (the denial of the criminal by fraud);