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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
The victim D paid a deposit of KRW 125 million to F, who is the former owner, in relation to E Apartment 1111, 1203, Namyang-si, Namyang-si, and paid a deposit of KRW 125 million to the former owner, and is living together with his family on May 7, 2012. The defendant purchased the above apartment from the above F at an infinite place around December 17, 2012.
On December 19, 2012, the Defendant concluded that “Around December 19, 2012, the Defendant would not obtain a loan of at least KRW 30 million, not less than KRW 30,000,00,00,000, from the victim of G operated by the Namyang-si E apartment commercial building 101.”
However, in fact, the defendant confirmed that he did not have the right of preferential payment on the above apartment, and was to obtain a loan of KRW 130 million from the Hana Bank as collateral for the above apartment, and there was no intention or ability to maintain the right of preferential payment on the part of the victim.
Nevertheless, the Defendant transferred his domicile on or around December 20, 2012, and completed the registration of ownership transfer under the name of the Defendant with respect to the above apartment on or around the 26th day of the same month. On or around the 28th day of the same month, the Defendant borrowed KRW 130 million from the Han Bank Co., Ltd. and set up the first priority collateral security (the highest amount of claim KRW 156 million) in the name of Han Bank in the above apartment in the name of Han Bank.
Therefore, the Defendant, by deceiving the victim, tried to acquire pecuniary benefits by losing the right to preferential payment held by the victim under the Housing Lease Protection Act, but the victim did not obtain the right to preferential payment from the beginning on May 7, 2012 due to the transfer of the above apartment on the ground that he did not obtain the right to preferential payment from the beginning.