A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 27, 2008, the Defendant entered into a contract with the victim E to purchase KRW 1,217 square meters and KRW 3385 square meters, which are substantially owned by the said victim, from the “D Real Estate” located in Yeongdeungpo-gu, Gangwon-do. Around September 27, 2008, the Defendant entered into a contract with the victim E to purchase KRW 1,217 square meters and KRW 3385 square meters, and there was a fact that the contract was reversed due to the failure to pay the remainder.

On September 27, 2012, the Defendant: (a) purchased the said real estate to a third party; and (b) subsequently purchased the said real estate to a third party on September 27, 2012; and (c) replaced the down payment with KRW 10 million paid on September 27, 2008. Since there is a shortage of money within the Republic of Korea, the Defendant borrowed the said real estate as collateral and paid KRW 46 million out of the remainder amount of KRW 83,7,000,000,000,000,000,000,000,000 from the remainder of the money, and paid the remainder of KRW 37,000,000,000,000 to a third party.”

However, at the time of fact, the Defendant did not have much good financial conditions, such as bad credit standing, and did not have any specific plan and financing plan to conduct a pension project. As such, the intent was to obtain the above real estate loan as collateral to use part of the loan for personal purposes, such as living expenses. As such, the Defendant, upon obtaining the consent of the victim, provided the above real estate as collateral and borrowed money, did not have the intent or ability to pay the said KRW 37 million to the victim by carrying out the pension project normally even if borrowing money.

Ultimately, with the consent of the victim, the Defendant, by deceiving the victim as above, set up the right to collateral security, which consists of KRW 150 million with the maximum debt amount and KRW 150 million with respect to the said immovable on September 28, 2012, and the right to collateral security, H with the victim.