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

Punishment of the crime

Around March 2008, the Defendant entered into a provisional contract to sell the said land and the construction site to E due to financial difficulties in conducting the new construction of a building in the land (79,5 square meters) owned by the Defendant located in Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu”) and concluded a false contract to sell the said land and the construction site. The Defendant borrowed the said land as collateral and borrowed money from the victim F to the Seoul Mapo-gu to the effect that “The five-story building is being constructed on the ground of Mapo-gu Seoul, and the construction cost is insufficient, so if the building is leased KRW 200,000,000,000 won, it may be repaid without the mold.”

However, even if a collateral is established on the above land, the right to collateral is already established on the bank equivalent to the maximum debt amount of 4.6 billion won, and there is no value of collateral. At the time, there is a lot of other debt equivalent to the construction cost of 700 million won, such as the personal debt equivalent to the amount of 420 million won, and thus, most of the borrowed money should be used to repay the existing debt, not the construction cost, so there is no intention or ability to repay the borrowed money after completion of the building three months.

Nevertheless, the Defendant, as above, received a total of KRW 170 million from the victim by deceiving the victim and then received KRW 170 million from the victim on March 13, 2008, KRW 100 million around April 11, 2008, KRW 66 million around April 11, 2008, respectively, from the account in the name of D (State).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning F;

1. G statements;

1. The loan certificate, the certificate of confirmation, the memorandum of payment, the land and the business license contract, etc.;

1. C registry;

1. The Seoul Central District Court (2013Gahap19705) judgment on the criminal intent to acquire by fraud of the defendant in the loan lawsuit and the defense counsel of this case from the victim.