A defendant shall be punished by imprisonment for one year.

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

[criminal records] On July 18, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Northern District Court for a period of eight months, and the said judgment became final and conclusive on July 26, 2014.

1. On January 201, 2014, the Defendant, in the name of the appraisal cost, told the victim C to the effect that “a loan of at least KRW 300 million may be granted as security the amount of money owned by D (4,165 square meters) and the amount of money (1,654 square meters) owned by the victim and E (595 square meters) jointly invested by the victim and E (the victim’s son is owned by the victim,” but the Defendant said that “a loan of at least KRW 300 million is to be granted.”

However, even if the defendant received the appraisal cost from the injured party, he did not have the intention to use it as the appraisal cost, and there was no intention or ability to receive the loan as security.

As such, the Defendant deceiving the victim and received KRW 200,000 from the victim on January 23, 2014 to the bank account in the name of the Defendant, and 3 million won on February 5, 2014, including the transfer of KRW 200,000 to the bank account in the name of the Defendant, on February 22, 2014, under the name of the withdrawal equipment related to loans, and 10,000 won as entertainment expenses related to loans on February 24, 2014; and

3. Loan-related appraisal expenses: 500,000 won under the pretext of loans;

6.5. The 500,000 won was transferred to the above account under the name of each defendant for the purpose of loan-related expenses and acquired the total amount of KRW 9.5 million.

2. On March 17, 2014, the Defendant borrowed money to the effect that “The Defendant borrowed KRW 200 million from the bond company that is likely to give appraisal due to the failure to perform civil engineering works, and received the loan from the victim C after borrowing KRW 200 million from the bond company. If the Defendant borrowed KRW 70 million out of the above KRW 200 million, he/she would use the H hospital’s acquisition cost to take over the H hospital and receive the loan within two months.”

However, the defendant's money borrowed from the injured party has not only thought to be used as the defendant's fraud agreement, but also specific plans to take over the H hospital.