The punishment of the accused shall be five months by imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

The Defendant, along with C and D, purchased a 1.05 billion won building in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon (18 households in total), and purchased 450 million won out of the purchase price by succeeding to the existing collateral security obligation, and purchased the remainder by leaving the obligations of return of deposit money for the lease of the pre-household tenants, and decided to operate a real estate-related business by using the deposit money for the lease from the pre-household tenants. The purchaser of the building in question decided to run a business with D's external money.

On November 23, 2011, the Defendant made a false statement to the effect that “The occupants of this building reside in most of the monthly income, and all the tenants are not only one to two persons, so even if they move into the former, the return of the former deposit will be guaranteed, and the former deposit amount shall be KRW 40 million for two years.”

However, in fact, the previous occupants of the above building have moved into the whole site and the lease deposit was 516 million won in total, and the lease deposit was established on July 29, 201 on the above building, and the mortgage was established on the debt of the loan to the Hancheon Saemaeul Community Treasury, the maximum debt amount of 50 million won as of July 29, 201, and as above, the sale price of the above building was set at the above lease deposit and the total maximum debt amount of the existing lease deposit were set at the sales price of the above building. Thus, if the above building was conducted by the defendant and its partners due to delinquency in payment of interest on the above loan or failure to repay principal, the victim, who is the junior mortgagee, could not secure the full lease deposit amount of 40 million won, if the above building was conducted at the request of the Seocheon Saemaeul Community Depository, and there was no particular property and variable monthly income. Accordingly, the defendant and its partners continuously cope with the interest on the above loan and there was no intention or ability to prevent the above auction of the victim after the expiration of the lease period.