A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On June 13, 2007, the defendant sentenced the Daejeon High Court to five years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and completed the execution of the sentence on December 12, 2010.

The Defendant, together with D, conspiredd with D to borrow money from the victim E and defraud it by borrowing money from the victim as if he/she purchased the FY 3,309 square meters (hereinafter “instant land”).

On May 16, 2012, the Defendant, along with D, purchased the instant land from the victim for KRW 2 billion, but at the time of the contract, KRW 3.5 million to the victim, an intermediate payment of KRW 1.5 million to the victim on June 16, 2012, prepared a real estate sales contract to pay the remainder of KRW 6.5 million on July 16, 2012, and the said victim is undergoing the acquisition of the “I” gas station located in Gyeyang-si, Gyeonggi-do. If the instant land was leased KRW 3.5 million as security, the Defendant acquired the said gas station with respect to the said gas station, and at the same time, purchased the instant land at KRW 2.0 million within two months after establishing the right to collateral security.”

However, in fact, the Defendant and D did not have the capacity to take over the above gas station since there was no means of preparing the purchase price to take over the gas station as above. The Defendant and D did not have the right to take over the said gas station within two months from the date of the contract for the sale and purchase of the land of this case because they did not have any profit or property reserved at the time of this case, and there was no ability to pay 350 million won to the victim within two months from the date of the contract for the sale and purchase of the land of this case, and eventually, even if they borrowed 350 million won from the victim, they set up a collateral security with the victim’s name at the above "I" station and set up the victim’