beta
Text
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
On May 14, 2008, the Defendant was sentenced to six months of imprisonment by the Incheon District Court for fraud, etc., and completed the execution of the sentence in the Incheon Detention House on October 7, 2008. On February 24, 2011, the Incheon District Court was sentenced to ten months of imprisonment due to fraud, etc., and on December 13, 201, the judgment became final and conclusive on December 28, 201. On March 28, 2014, the Defendant was sentenced to one year of imprisonment by the Incheon District Court for fraud, etc. and became final and conclusive on June 10, 2014.
On August 24, 2010, the Defendant provided the victim C, who had been operating a loan business at the time, with “a loan for money necessary to operate the house” as collateral at the non-party 516 building D (hereinafter “real estate of this case”) registered in the name of the Defendant at the time, in the non-party 1’s non-party 1’s sub-party 1’s sub-party 1’s sub-party 1’s sub-party 1’s sub-party 1’s sub-party 1’s sub-party 2
At the time of lease, the term of lease was presented as follows: (a) from March 16, 2009 to March 15, 201; (b) KRW 5 million; (c) KRW 450,000; (d) KRW 4.5 million; (e) the lessor (Defendant); (c) the lessee E; and (d) March 10, 209; and (e) the instant real estate was presented with no other security rights or obligation to return the leased deposit, except for the instant real estate that entered into a lease agreement with KRW 5,00,000; and (e) KRW 450,000,000,000,000.
However, in fact, the Defendant bears the obligation to return the leased deposit equivalent to the above amount because the leased deposit against the lessee E of the instant real estate was KRW 51 million, and the lease contract presented by the victim is not a document prepared in a genuine manner, but a document prepared by the Defendant with false content without consent of E and affixed a seal, and there was no particular property. Therefore, even if the Defendant borrowed money from the damaged person, there was no intention or ability to pay the leased deposit.
Nevertheless, the defendant deceivings the victim as above and 26 million won as the borrowed money from the victim on August 24, 2010.