A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[Criminal Power] On July 19, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of one year and six months at the Suwon District Court for fraud.

8. 14. The judgment became final and conclusive, and on December 24, 2014, the Seoul Central District Court sentenced two years to a suspended sentence of imprisonment for eight months for fraud, and the judgment became final and conclusive on January 1, 2015. On August 9, 2018, the Seoul Central District Court sentenced two years of imprisonment for fraud at the Seoul Central District Court, and became final and conclusive on September 3, 2019.

【Criminal Facts】

The defendant is a person who operates C in the 8th floor of building B in Yeongdeungpo-gu Seoul Metropolitan Government.

On August 8, 2007, the Defendant purchased the building from Daejeon-dong-gu D, E, F, G land, and H building on its ground (hereinafter “instant building”) and received a loan of KRW 6 billion from the I Bank on the same day in order to raise funds necessary therefor (hereinafter “instant construction”). The Defendant concluded a real estate security trust contract with J Co., Ltd. for the said real estate and entrusted the said building to J Co.

On March 2010, the Defendant concluded on March 3, 2010, at the “K Hospital” construction site office located in Daejeon Dong-gu, Daejeon, that “The victim L continues to carry out remodeling works at a hospital, and the construction fund is needed. It is necessary to lend KRW 100 million.” When lending money, the Defendant would repay all within 1-2 months.”

However, the Defendant did not properly proceed with the remodeling construction work on the above building for reasons of the shortage of construction funds at the time of borrowing money from the victim. The sales performance of the above building was low, and the possibility of securing construction price or completing construction in the future was very weak, and there was a situation in which considerable amount of funds is required for interest and principal repayment on the existing loan, and thus, there was no intention or ability to repay the funds from the beginning to the victim at the time.

In the end, it is eventually.