A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 25, 2014, the Defendant made a false statement to the D Judicial Scriveners Office located in the Gu, Si, American, and the victim E that “on the face of lending money, the Defendant set up a collateral security right as security of F apartment 805 Dong 706, Gu, American, U.S., the Defendant’s house, and paid the interest of 2.9% per month and repaid by October 25, 2014.”

However, on April 17, 2014, the Defendant leased the said apartment to G on a two-year basis with a deposit of KRW 125 million for the lease deposit, and on the same day the said G obtained a final date for the said apartment, it was impossible to establish a right to collateral security that can guarantee the Defendant’s obligation, and even if the amount of KRW 100 million was incurred at the time, the Defendant did not have the ability to repay the said apartment by borrowing money from the damaged person.

The Defendant received from the injured party a total of KRW 70 million, in total, KRW 10 million on April 25, 2014, KRW 28,000 on April 28, 2014, and KRW 70 million on May 26, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, a copy of a loan business registration certificate, a copy of a loan certificate (10 million won), a copy of each resident registration card, a copy of each resident registration certificate, a copy of each transfer household inspection record, a copy of a loan certificate (20 million won), a copy of a loan certificate (40 million won), a copy of a loan certificate (40 million won), the current status of the date fixed (specific as the next person), and a certificate of all registered matters;

1. Application of the investigation report (the details of deposits and interests received from loans, and the relative investigation of tenants of 805, 706, F apartment units)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Code of the relevant criminal facts, the reason for sentencing of the sentence of imprisonment [the scope of the recommended punishment] In the basic area (from June to one year and six months) of the first type (the period of less than KRW 100 million) of the general fraud [the sentence] [the sentence] [the crime of this case in August] was committed in this case by deceiving the victim as if it was hidden and there was no lessee as if it was an apartment, and by deceiving the victim as if it was an apartment without a lessee, the crime of this case was committed by deceiving him/her as a security, and the method of crime is very poor.