A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On February 13, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for fraud and one year of six months of imprisonment with prison labor at the Ulsan District Court, and on November 14, 2016, the execution of the said sentence is terminated in the racing prison on November 14, 2016, and on June 23, 2016, the Ulsan District Court sentenced two years of suspension of execution to eight months of imprisonment with prison labor for fraud and became final and conclusive on July 1, 2016.

On July 19, 2017, the Defendant: (a) at the office of a mutually unstable certified judicial scrivener located in Yangyang-si, Chungcheongnam-si; (b) on the instant forest and fields owned by the Victim B and D (hereinafter “the instant forest and fields”), the Defendant purchased money from E and the victim, who is the birth of the victim, who was delegated by the victim to sell the forest and fields (hereinafter “the instant forest”) at KRW 146,00,000. However, at the present time, the Defendant is not capable of paying the remainder of the land as security; and (c) he/she borrowed money using the land as security. Since there is a big amount to the enforcement date of the real estate, the Defendant made a false statement to the effect that he/she will receive the registration of ownership transfer by paying the balance of the instant forest and fields by September 15, 2017.”

However, at the time, the Defendant did not own any property under the name of the Defendant, while on the other hand, was liable for the remainder of KRW 670,00,000,00,000, and the Defendant did not have any intent or ability to pay the remainder of KRW 136,000,000 for the forest land of this case even if the Defendant borrowed KRW 60,000 from the said H, on the ground that the Defendant could not receive the fees related to the above implementation projects because the progress of the Seoul F implementation Project or the Ulsan-gu G project was failed to take place, and thus, the Defendant could not receive the fees related to the above implementation projects.

Accordingly, the Defendant deceivings the victim and the above E and caused the victim to do so on or around July 19, 2017, to H with regard to the forest land of this case as the mortgagee, and to the debtor.