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

Punishment of the crime

[criminal history] On February 6, 2015, the Defendant was sentenced to 10 months of imprisonment for fraud at the Incheon District Court and 2 years of suspended execution, and the above judgment became final and conclusive on May 14, 2015, and is currently in the grace period.

[Criminal facts] Defendant is the building owner who constructed the 19 household unit of the small-gu Incheon Metropolitan City building C in Bupyeong-gu.

On September 27, 2012, the Defendant transferred ownership to the International Trust Co., Ltd. on September 27, 2012, the Defendant borrowed KRW 2 billion from the Saemaul Treasury as collateral and transferred the ownership of KRW 19 households to D around March 2013.

The amount of KRW 200 million has been paid from July 2013 to July 2013, and the financial situation was difficult to pay the interest on the loan, construction cost, electricity tax, water tax, etc.

Nevertheless, the Defendant, at around March 24, 2014, at the mutual infinite real estate office located in Bupyeong-gu Incheon Metropolitan Bupyeong-gu, Bupyeong-gu, Incheon, the victim E, “F and G with debt of KRW 110 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

Until then, a false statement was made stating that if the money is not repaid up until then, it will transfer the ownership of the three bonds.

However, as above, the Defendant was in the status of transferring the high-pollution ownership to a trust company through the security trust, and the financial situation was difficult. Therefore, even if the Defendant had the Defendant take over the Defendant’s obligation, the Defendant did not have the intent or ability to transfer the ownership of the loan to the victim after repaying the Defendant’s obligation, or having the Defendant repaid the bank loan to the Defendant, or having the Defendant repaid the bank loan and terminated the collateral trust.

The defendant, by deceiving the victim as such, had the victim take over the defendant's obligation of KRW 110 million, and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (E.