A defendant shall be punished by imprisonment for not more than ten months.

However, 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

[Criminal Power] On March 30, 2011, the Defendant was sentenced to one year of imprisonment with prison labor at the Gangnam Branch of the Chuncheon District Court for fraud, and has been sentenced to the same year.

6.29. In addition to the final judgment, the records of criminal records of the same kind shall be more than six times.

【Criminal Facts】

On December 26, 2006, the Defendant borrowed KRW 60 million from the Victim C, and as a security therefor, set up a collateral on the housing No. 104, 1203, Dong-si, Gangwon-do, the Defendant’s name, which caused the maximum debt amount to KRW 60 million, and additionally borrowed KRW 3 million from the Victim on March 30, 2007.

On June 20, 2008, the Defendant, at the Gongung-dong, Seoul Special Metropolitan City, Nowon-gu Office of Law Firm North Joint Law Firm, 670-9, stated that “The Defendant would pay the victim the loan amounting to KRW 40 million by setting aside the house if the Defendant terminated the collateral security equivalent to KRW 60 million set up at the house of the Party, and the remainder amount would be able to repay at any time because the lease deposit of one’s office is 50 million, so that the Defendant can be returned at any time because the lease deposit of one’s office is 50 million won.” Accordingly, first of all, the Defendant would cancel the establishment of collateral security.

However, in fact, the office lease agreement in the name of the defendant was invalidated around August 2007, and the defendant did not have any intent or ability to repay the borrowed money as agreed upon by the victim even if the right to collateral security was terminated by the victim.

The Defendant, by deceiving the victim, had the victim terminate the creation of a collateral mortgage on the above apartment, paid only KRW 38 million to the victim, and acquired pecuniary benefits in the same amount as the victim did not fully pay the remainder of KRW 25 million.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness C and E’s respective legal statements;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The Criminal Procedure Act.