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

Punishment of the crime

1. On August 19, 2014, the Defendant concluded on August 19, 2014 that, “Around August 19, 2014, the Defendant would allow a victim F to purchase a house by starting a construction project on December 2014 if he/she had determined that the purchase price of land would be KRW 30 million and the construction cost of a building would be KRW 120 million and the first down payment of KRW 10 million would be paid to him/her if he/she would purchase a house by purchasing a unit of a house on the land of approximately 30,000,000, in the Seo-gu Seoul Special Metropolitan City, Seocheon-gu, Busan Special Metropolitan City.”

However, the facts are that the Defendant had an obligation of KRW 300 million and there was no other property, and there was no funds to proceed with the construction work of the electric housing complex, and investors for the construction work did not seek any funds, and there was no intention or ability to allow the victims to purchase the electric housing in December 2014.

As such, the Defendant, by deceiving the victim, received 10 million won from the victim to the Agricultural Cooperative Account in the name of H, and acquired by deceiving the victim.

2. On October 20, 2014, the Defendant: (a) around October 20, 2014, at the coffee shop located in Seocheon-si, Seocheon-do, Gyeonggi-do, the Defendant introduced good auction goods to the victim F; (b) if 300 million won is leased out of the successful bid price, the Defendant: (c) 500 million won is the profit; (d) after receiving the successful bid, the Defendant paid 300 million won to the principal and 200 million won in full within two months; and (e) concluded that the Defendant would construct electric housing with the proceeds of 20 million won in return for the secured loan.

However, in fact, the Defendant did not use the above money as the successful bid price for auction, and tried to lend it to J as the down payment out of the land auction price for the K Apartment Construction Project in South Yangyang-ju, and the J failed to properly conduct the said project due to the failure of investors, so it was difficult for J to collect the above loan from the J. Therefore, even if 30 million won is borrowed from the victim, the Defendant would be able to pay the principal to the victim within two months and pay the proceeds of 200 million won.