A defendant shall be punished by imprisonment for not more than ten months.

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 the owner of Gangseo-gu Seoul Metropolitan Government D building 301, and the victim E is the lessee who resides after the moving-in report was made at around the time of lease on February 18, 201 by leasing the lease deposit of KRW 110,000,000,000.

On June 25, 2011, the Defendant: (a) on G real estate located in Gangseo-gu Seoul Metropolitan Government, the Defendant: (b) provided the said 301 G real estate as collateral, and (c) provided the Defendant with a loan of KRW 135 million from the bank; (b) provided that “A bank intends to obtain a loan of KRW 20,000,000 from the bank as collateral; (c) transferred only a day resident registration again; (d) the transfer of 20,000 won will have no problem; (e) even if a loan is re-transfered, the lease deposit will not be problematic; and (e) on June 27, 2011, the victim transferred the said 301 credit to the National Bank on June 28, 2011; and (e) on June 28, 2011, the Defendant provided the said 301 maximum debt amount to KRW 15,500,000,000,000, and thereafter, did not receive dividends from the said national bank.

The Defendant, by deceiving the victim as above, received security value equivalent to KRW 110,000,00 from the victim, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a full certificate of registered matters, a copy of a contract to establish a mortgage, a lease contract, and a document;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (at least KRW 100,000, but less than KRW 500,00) mitigation area (from October to February 6) [Special Mitigation] mitigation area (at least KRW 10,000, KRW 50,000), and where considerable damage was recovered [decision of sentence] Defendant’s mistake as a primary offender.

The victim shall reach an agreement with the victim.