A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 27, 2007, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Daegu District Court on November 27, 2007. The judgment became final and conclusive on December 5, 2007.

Criminal facts

On October 2006, the Defendant, in collusion with C, intended to purchase from the victim E in F office near the F office located in Daegu-gu, Daegu-gu, (hereinafter “instant real estate”), land and building (hereinafter “the instant real estate”) located in the victim’s territory, and succeeded to the Plaintiff’s “the instant real estate without the purchase price, but the amount of KRW 867 million loans of our bank (the maximum bond amount of KRW 1.133 billion), which is the secured debt of the right to collateral security established on the instant real estate, will be paid immediately prior to the transfer of ownership. However, the succession to the obligation at our bank is not immediately possible for six months after it moved the successor’s domicile to the real estate location, and it is possible within six months after the transfer of ownership, and it is necessary to succeed to the obligation after six months after the first transfer of ownership to C.”

However, in fact, C purchased the instant real estate for the establishment of a right to collateral security with regard to the said bank's non-performing loans, upon the request from the J auditor of HBA, upon the request of the said bank to find out real estate in order to establish a right to collateral security with regard to the said bank's non-performing loans. Even if the said real estate was purchased without any particular income or property at the time and the loan obligation amounted to the amount equivalent to KRW 200 million, it was not the intent or ability of the victim to succeed to the victim's loan obligations or to pay interest on the loan, and the succession of the obligation to the Defendant and C from the Korean bank can be done six months after transferring the successor'