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A person shall be punished by imprisonment with prison labor for one year for the crimes of Articles 1 through 4 in the judgment of the defendant, and imprisonment with prison labor for three months for the crimes of Article 5 in the judgment.
Reasons
Punishment of the crime
On November 28, 2008, the Defendant was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, etc. and the judgment was finalized on December 6, 2008. On December 13, 2012, the Defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court for fraud, and the judgment was finalized on December 18, 2012.
1. On Nov. 1, 2007, the Defendant sought a loan of KRW 500,000,000,000 from C as collateral for the Defendant’s Goyang-gu E Apartment-gu 401, Seoyang-gu, Seoyang-si, the victim D, and sought a statement that there is a high appraisal value of the above apartment.
Accordingly, the Defendant, through the same temporary border C, stated that “The Defendant may receive a loan from the victim up to KRW 500 million by raising apartment appraisal price to KRW 6-700 million.”
However, the defendant did not have any intention or ability to prepare an appraisal report even if he receives expenses from the victim because the defendant thought to use the expenses from the victim as card costs or living expenses.
Nevertheless, as above, the Defendant, by deceiving the victim as above, received a total of 6.5 million won, including the amount of KRW 1 million on November 30, 2007, KRW 3.5 million on December 11, 2007, and KRW 2 million on December 28, 2007, as indicated in Nos. 5, 8, and 13 of the List of Crimes Nos. 1, 2007, under the pretext of appraisal expenses from the victim.
2. At the end of February 2008, the Defendant: (a) sought a loan of KRW 3 billion from the victim D as security of H non-fluoral rain or 101 located under G apartment underground of Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) sought a statement that the appraised value of the above building is KRW 5 billion; and (c) on March 2008, the Defendant sought to obtain a loan of KRW 1.5 billion from C as security of the real estate located under the Goyang-gu, Yangyang-gu, Sung-gu, Seoul, Seoul, to obtain a loan of KRW 1.5 billion from the victim; and (d) for this purpose, the appraised value of the above I real estate is KRW 2.4 billion.