A person who commits the crimes of Articles 1 and 3 in the judgment of the defendant shall be punished by imprisonment with prison labor for not less than three years, and imprisonment with prison labor for not more than six months.

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Daejeon District Court on January 12, 2012 and the judgment became final and conclusive on January 20, 2012.

[2013Gohap312]

1. Around September 20, 2010, the Defendant committed the crime against Victim E, etc., the victim E at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government F building 1003, stating that “If real estate is offered as security to the said Sucheon-gu Seoul Metropolitan Government Intermediate wholesaler G for the said Sucheon-gu Intermediate G, fishery products may be purchased from G and sold from G to its customer, and a large amount of money may be prepared.” On October 5, 2010, the Defendant made a false statement to the same effect as the above victim at the I store located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, for the same purpose.

However, even if the defendant was provided as collateral, he did not have the intention or ability to lend KRW 700 million as above.

On October 7, 2008, the Defendant created each right to collateral security with regard to the land of the Incheon Bupyeong-gu, Incheon Bupyeong-gu, 2008, the maximum debt amount of which is KRW 150 million, KRW 67 million, and KRW 310 million, KRW 300,000,000,000, the maximum debt amount of which is KRW 310,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Accordingly, the Defendant, by deceiving victims E, etc., acquired the pecuniary benefits equivalent to KRW 527 million, which is the sum of the maximum debt amount of each right to collateral security, from G.

[2014Gohap6]

2. On June 8, 2012, the Defendant, who committed the crime against Victim D, etc., made a false statement to the victim D at the Seoul detention center parking lot located in the Guang-dong, Goang-si, Seoul, stating that “When the Defendant provided as security, he would receive feed fromO and operate the fishing ground and lend 50 million won as profits.”

However, the defendant did not have the intention or ability to lend KRW 50 million even if he received real estate from the victim D as collateral.