사기
A defendant shall be punished by imprisonment for one year.
except that 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
On May 2010, the Defendant purchased a parcel of land B and three other (hereinafter “instant parcel of land”) and established C Co., Ltd. (hereinafter “C”) for the purpose of carrying out the new construction and sale of urban-type residential housing buildings.
A victim D lent KRW 1.5 billion to C from May 201 to August 201 of the same year, and around August 2011, C concluded a land trust management contract with E Co., Ltd. (hereinafter “E”), with respect to the instant land, and in order to secure the loan amounting to KRW 1.5 billion and the proceeds therefrom, C was respectively set up the first priority pledge and the third priority pledge with the limit of KRW 1.3 billion with respect to the right to trust interest with E, which are 1.3 billion with respect to the above loan amounting to KRW 1.5 billion and KRW 700 million with respect to the trust interest.
On December 21, 201, the Defendant: (a) transferred the first priority pledge to F Co., Ltd. (hereinafter referred to as “F”) or cancelled the said pledge to the victim on December 21, 201; (b) paid KRW 1 billion out of the loan amount on the face of the rescission; and (c) KRW 100 million, the difference between KRW 1.3 billion and KRW 1 billion, which is the limit of the security of the first priority pledge; and (d) KRW 300,000,000,000,000,000,000 won, which is the aggregate of KRW 1.1 billion of the additional loan, will be set up within the limit of KRW 40,000,000,000,000,000,000 won. In the Bank, even if the victim transferred the first priority pledge to F, C would be sufficient to secure the value of the victim’s pledge.”
However, C borrowed a sum of KRW 1.3 billion from F on December 22, 2011, and KRW 1.3 billion on January 13, 2012, and agreed to transfer the victim’s first priority pledge to F to secure this.
Nevertheless, the Defendant was committed as if C borrowed one billion won from F, and the victim was 1 billion won from C on January 30, 2012.