A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On May 30, 2016, the Defendant created a right to collateral security (hereinafter “the instant apartment”) with the maximum claim amount of KRW 12 million by providing the victim’s Hyundai Capital Co., Ltd. (hereinafter “victim”) as security through the Internet at the Defendant’s residence located in Suwon-si, Suwon-si, Suwon-si, 101 Dong 403, the Defendant created a right to collateral security (hereinafter “the instant apartment”) against the Defendant’s Hyundai Capital Co., Ltd. (hereinafter “victim”) at the location of the Defendant, which is owned by the Defendant. From June 2, 2016 to June 1, 2049, to ask an employee in charge of the loan under his name, who is in charge of providing a right to collateral security (i.e., having no prior lessee, having no prior lessee residing in the details of access to the transferred household, having not actually resided in the instant apartment, and having no prior tenant residing in the same real estate).”

However, on April 30, 2015, the defendant leased the apartment of this case to tenant F, who is entitled to preferential repayment of the deposit, and received 220 million won as the deposit for lease.

Nevertheless, the defendant deceivings the victim company as above, and thereby deceiving the victim company on June 2, 2016 from the victim company to the national bank account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on a mortgage loan, such as an application for mortgage loan, details of access by transfer households, decision on voluntary auction of real estate, and record;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Application of the sentencing guidelines [the type of determination] fraud, general fraud, and type 2 (the amount of 10 million won or more, or the amount of 500 million won) [the amount of special sentencing] increased factors: in the event that the method of crime is extremely poor, mitigation factors: the victim is also liable for the occurrence of the crime or the expansion of damage [the scope of the recommended range of decisions and recommendations].