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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On January 24, 2014, the Defendant was sentenced to ten months of imprisonment for fraud and two years of probation at the Seoul Central District Court, and the judgment became final and conclusive on February 4, 2014. On February 19, 2014, the Suwon District Court sentenced one year and two months of imprisonment for fraud, etc., and the judgment became final and conclusive on April 25, 2014.
【Criminal Facts】
1. On July 27, 2010, the Defendant entered into an exchange contract with the attorney-at-law office with whom it is impossible to know the trade name located in the Sinpo-dong, Sinpo-si, Sinpo-si, Sinpo-si, Seocho-gu, Seoul, IO building 401 and the Defendant’s purchase of the victim H forest in the name of J on October 28, 2010.
On August 28, 2010, the Defendant made a false statement that “The Defendant would receive a loan of 200 million won in the high seas with H lending as collateral, and pay interest, and repay the loan principal to the Defendant by September 8, 2010. It is between the head of the community credit cooperative and the president of the community credit cooperative, and the loans established on the above loan was changed to the first financial right with low interest and exchange the real estate without the loan prior to October 28, 2010.”
However, at the time, the Defendant provided the victim’s real estate as collateral because there was no particular property or income, and did not have the intent or ability to repay the amount, and there was no intent or ability to change the loans established on the victim’s lending to the first financial right. In addition, the Defendant did not have the intent or ability to exchange the real estate normally, such as the establishment of a provisional seizure equivalent to KRW 9.25 million on the above K’s real estate and KRW 450 million on the real estate.
On August 19, 2010, the Defendant deceptioned the Victim G and caused the Victim G to do so. On August 19, 2010, the Defendant provided a collateral of KRW 300 million with the obligor, the mortgagee L, and the maximum debt amount of KRW 401,00,000.