A defendant shall be punished by imprisonment for three years.

Punishment of the crime

1. The Defendant, on December 10, 2009, completed the “C Building” of multi-household housing located in Dongjak-gu Seoul Metropolitan Government D around December 10, 2009.

around July 2007, the Defendant borrowed KRW 150 million from E to purchase the above C building site on credit, and received a loan of KRW 1 billion from the Dongjak Credit Union as collateral, and paid the land price, and the construction cost was partly appropriated with the above site as collateral and bonds or left in the state of unpaid repayment.

The Defendant had been willing to lease the completed C building with a total of KRW 1.7 billion on each unit, with the exception of two bonds, to reduce the remainder of six bonds, unless the remainder of six bonds is sold.

On April 22, 2010, the Defendant concluded a lease contract with the victim H and the above C building 401 at the G Licensed Real Estate Agent Office located in the Dongjak-gu Seoul Metropolitan Government F, stating that “The joint collateral security amount of KRW 1.7 billion is set on the C building, but the division per household does not exceed an absolute amount of KRW 1.7 billion. The collateral security amount of KRW 1.7 billion is cancelled, and the collateral security amount of KRW 1.5 million is changed to the collateral security amount of KRW 1.5 million, and even after one year, it would be changed to KRW 100 million.”

However, the deposit received from the victim was not used to reduce the collateral security debt by paying the collateral security loan debt, but was promised in advance with the construction business operator to use it to pay the unpaid portion of the construction cost of the C building, and the interest of the loan at the time and the interest of the bonds cannot be paid properly, so there was no intention or ability to reduce the collateral security debt.

In addition, there was no intention or ability to return the deposit for lease even after the lease term expires, because the defendant, who is the bad credit holder, was in excess of the debt of the above C building and is liable for the debts exceeding one billion won while constructing C building.

Nevertheless, the defendant.