As to the crime No. 1 of the judgment of the defendant, imprisonment with prison labor for 6 months and for the crime No. 2 to 4 of the judgment, 12 years, respectively.

Criminal facts

On January 27, 2010, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Jeju District Court for fraud, and on February 4, 2010, the judgment became final and conclusive.

1. On April 25, 2003, the Defendant acquired the ownership of each of the above land under the Defendant’s wife H’s name in order to construct and operate a sea-decris on the land of Jeju-si E, F, and G three lots (hereinafter “each of the instant lands”). On September 26, 2003, the Defendant continued construction of a sea-decris or building (hereinafter “the instant building”).

However, as there was no construction fund in around 2006, the construction of the instant building was suspended due to the lack of the construction fund, and the auction of the building was conducted by the creditor of the construction cost on March 2008 by the creditor of the construction cost, etc., with the intention of having the victim I, who became aware of the auction relation prior to that time, been awarded the said building at the auction, to proceed with the above sea investigation or business.

Around September 18, 2009, the Defendant prepared a letter of agreement on the progress of the project with the victim at the defendant's house located in JCC (C) Dong-dong 1st, and prepared a letter of agreement to the effect that "The victim has all rights related to the building permit, such as the right to the building permit for the building to be awarded a successful tender, and there is a right of retention equivalent to approximately KRW 2.7 billion in the building. On June 17, 2006, the Defendant paid KRW 270 million to K Co., Ltd. (hereinafter "K"), which is the lien holder, (hereinafter "K"), and received a letter of waiver of the right of retention and received a letter of waiver of the right of retention, and the rest of the right of retention also can be resolved. Accordingly, the written agreement to the effect that "No. 12% of the shares of M Co., Ltd. (hereinafter "M") to be established for the progress of the project, and three years after the approval for the use of the building of this case is changed without compensation."

However, the fact is that K has already set up a right to collateral security on the building of this case as the construction cost, but does not have a right to collateral security.