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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2013 Highest 219]
1. On August 14, 2009, the Defendant entered into a lease agreement with the victim E on D Real Estate located in Seocho-gu Seoul, Seoul, with respect to 201, the Seocho-gu Seoul, the Defendant: (a) concluded four units (101, 201, 301, and 401) including 201, prior to that conclusion, with respect to four units (1, 201, 201, 301, and 401), including the maximum debt amount of the creditor Sungnam Central Credit Union in the name of the obligee, and (b) concluded a contract on the establishment of the right to collateral security of KRW 25,00,000,000 with the maximum debt amount of G in the name of the obligee, and (c) concluded a lease agreement with the victim E on the said subparagraph; (d) concluded that all other units of this loan will be terminated by the end of April 2010.
However, the Defendant had no intention or ability to terminate the said right to collateral security until the end of April 2010, because the Defendant was in a situation in which all the remaining expenses, excluding KRW 1.5 billion or more, excluding KRW 300,000,000, were created with debentures and bank loans, and even if the Defendant received lease deposit from the victim and received sales proceeds, he/she had to pay the interest on existing loans and the balance to the constructor.
Nevertheless, the Defendant, as above, by deceiving the victim as above, received KRW 15 million from the victim under the name of the pre-tax deposit on August 14, 2009, and received KRW 220 million in total as the remainder of the pre-tax deposit on September 30, 2009.
2. The Defendant, at the I Licensed Real Estate Agent Office located in Seocho-gu, Seoul on December 19, 2009, concluded a lease agreement with the victim J and the above FF loan No. 101, which was previously established, and as such, the Defendant was the senior mortgagee, who was established before that agreement, and thus, the net view terminates the joint security simultaneously with the payment of the remainder of the deposit.