Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 29, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court, and the judgment was finalized on February 13, 2014.

피고인은 2011. 1. 31.경 서울 종로구 C빌딩 2층에 있는 피해자 D이 운영하는 ‘E’에서, 피해자에게 “내가 F에 집을 샀는데 여기에 근저당권을 설정하여 줄 테니 2,000만 원만 빌려주면 한 달 안에 갚겠다.”라고 거짓말하고, 서울 종로구 G에 있는 H 건물에 있는 법무사 사무실에서 피고인의 소유인 서울 동작구 F에 있는 대지 및 지상 4층 건물에 대하여 피해자에게 채권최고액 2,600만 원의 제2순위 근저당권설정등기를 경료하여 주었다.

However, in fact, the Defendant entered into a lease agreement with J as to the land surface and the first floor of the above building and agreed to deduct the above amount from the purchase amount actually paid by the Defendant by taking over the obligation to return the above lease deposit, due to the lack of funds at the time of the purchase of the above real estate from I around December 2010, the Defendant did not have the intent or ability to repay the above amount even if the Defendant borrowed money from the victim due to the fact that the said J bears the above obligation of KRW 200 million, and did not notify the Defendant of the fact that he bears the obligation to return the senior lease deposit while offering the above real estate as security.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received cash of KRW 20 million from the said certified judicial scrivener office on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D police statement;

1. A complaint;

1. A document establishing a mortgage, receipt, account statement, copy of a deposit certificate, and a copy of the real estate register;

1. Previous convictions in judgment: Criminal records and copies of written judgments;