A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a real operator of C Co., Ltd.

On March 18, 2013, the Defendant made a false statement to the effect that “The victim’s agent would have paid 30 million won out of 500 million won, and first completed the registration of ownership transfer, and the balance 200 million won will be repaid as substitute by constructing a new building on the said land,” to purchase the victim’s agent’s office in Suwon-gu, Busan Shipping Daegu G 331 square meters and its ground building (hereinafter “the instant real estate”).

However, the Defendant had already been operating the company under the name of FI under the bad credit standing. The Defendant borrowed 350 million won from J to use the real estate as the purchase price and the transfer price for the real estate by borrowing 350 million won as the funds to purchase the real estate even including the name of FI and the above company. To this end, it was thought that the ownership of the real estate was transferred in the future to the above company and the ownership of the real estate was registered as the purchase price for the real estate and the transfer price for the transfer of ownership was made in the direction of J as soon as the ownership of the real estate was transferred to the above company, and it was difficult to obtain additional loans as collateral before the cancellation of the provisional registration under J as it was not possible for the Defendant and other creditors of the above company to undertake provisional attachment or compulsory auction on the real estate. Thus, even if the ownership of the real estate was transferred, there was no intention or ability to repay the real estate as the substitute.

As above, the Defendant deceptioned the above H and entered into a sales contract on the instant real estate on the condition that “The ownership of the instant real estate is transferred at the time of payment of intermediate payment, and the balance 200 million won shall be paid in kind after the completion of construction,” and then on April 12, 2013.