Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 50 million won to an applicant for compensation.

3.2

Punishment of the crime

[criminal power] On November 12, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Seoul Central District Court, and the judgment became final and conclusive on November 20, 2015.

[2018 Highest 2502] On August 10, 2015, the Defendant, at a coffee specialty store in Seocho-gu Seoul Metropolitan Government, where it is impossible to know the trade name, issued a false statement to the victim C, stating that “I will take over the instant building by obtaining a loan from the head of Si/Gun/Gu. If I want to obtain a loan, I will take the right to sell the building after acquiring the building if I want to do so. If I want to obtain a loan, I will return 40 million won if I will return it within two months if I will not obtain a loan.” It received 40 million won cashier’s checks from the victim around August 24, 2015 from the victim.

However, even if the defendant received the above money from the victim, he was thought to use it for the purpose of lending the money to the defendant's living expenses, expenses for the operation of the company, and I who is the defendant's branch, and used it as expenses necessary for the acquisition of the above building and did not have the intent or ability to exercise the right to sell the money to the victim.

Accordingly, the defendant was issued four cashier's checks by deceiving the victim.

[2018 Godan5752] On April 22, 2015, the Defendant made a false statement to the victim B, stating, “If the Defendant borrowed KRW 50 million to set up collateral security on the first floor of the JG building in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant would pay KRW 100 million after one week.”

However, even if the victim establishes the right to collateral security, the defendant has already set the provisional attachment and the right to collateral security against many creditors, and the defendant has no property value.