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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 28, 2007, the Defendant provided the victim C with a certificate of registration right to D apartment 101 Dong 413, which is owned by the Defendant as a collateral on May 2, 2007, and borrowed 25 million won to the victim C as a collateral, with a view to continuously borrowing money with a credit, and on August 28, 2007, at the victim’s residence of the victim E apartment 102 Dong 102 Dong 1303, Seoul Special Metropolitan City, Nowon-gu, with the intent that “the Defendant was unable to pay the employee who will perform artificial work. It later changed the loan of KRW 5 million only after the repayment.”

However, the above apartment was already set up a provisional attachment of KRW 84 million with the maximum debt amount of KRW 14,870,000,000, and the Defendant was also unable to pay the said employee’s salary. As such, the Defendant was faced with financial difficulties from the National Health Insurance Corporation to the extent of being subject to seizure due to the failure to pay the personal medical insurance premiums, and there was no intention or ability to repay the said apartment even if having borrowed money from the victim.

The Defendant received KRW 5 million from the victim on the same day.

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

2. On November 20, 2010, the Defendant: (a) around November 20, 2010, the Defendant: (b) stated, “Around November 20, 201, the Victim’s residence should be made out of the human rights project fund; (c) the Victim only lent KRW 10 million to the Victim; and (d) he/she would make a repayment without molding until November 30, 201. If the Defendant borrowed this money, he/she would be repaid up to the previous loan up to the balance of KRW 30 million, including the balance of KRW 30 million. A real estate was taken out as security, but he/she was hicked.”

However, in fact, the Defendant had already been faced with such financial difficulties as above, and had already sold the said D Apartment Nos. 101 and 413, which had been provided as "security", to F around April 26, 2008, and has already been sold to F.

6. Since the transfer of ownership was completed on or around 30.30, money from the victim.