A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] ① On July 20, 2007, the Defendant was sentenced to imprisonment for a violation of the Illegal Check Control Act at the Seoul Central District Court on July 20, 2007, and on May 2, 2008, on August 13, 2010, the execution of each of the above punishment was terminated by a Daegu Prison upon having been sentenced to imprisonment for six months and eight months for fraud; ② on August 8, 2014, the Seoul Central District Court was sentenced to two years for fraud and the said judgment was finalized on February 9, 2015; and on May 27, 2016, the said judgment was finalized on October 13, 2016 by having been sentenced to imprisonment for a violation of the Punishment of Tax Evaders Act by a court at the same time on November 29, 2016.

【Criminal Facts】

The Defendant, in Seo-gu, Daejeon on June 20, 2013, concluded a false statement to the effect that “The 618,000,000 won” to the victim C, “The 274,952,000 won out of the purchase price shall be paid in the way of taking over the outstanding obligation to the transaction partner of the previous Mart, and the remainder of KRW 343,048,000 shall be paid in the way of operating the Mart after acquiring the Mart and paying the purchase price with the proceeds of sales. In addition, the Defendant would also create a collateral security for multi-household housing located in Heak-gu, Chungcheongnam-gu.”

However, in fact, the Defendant was a person with bad credit standing over KRW 690,00,00 without any particular property or income at the time, and multi-household housing was not owned by the Defendant but owned by F. The above F and the Defendant were not able to establish a right to collateral security because of no kind of relationship between F and the Defendant. After taking over the victim’s marina, it was impossible to set up a right to collateral security because they did not manage the right to collateral, but rather, there was no intention or ability to pay the price according to the promise even if they received the said marina from the victim.