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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for five months.
However, from the date this judgment became final and conclusive, the defendant.
Reasons
Punishment of the crime
On May 28, 2015, Defendant A was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on the Seoul Southern District Court on November 20, 2015 and the judgment became final and conclusive on November 20, 2015.
Criminal facts
The Defendants purchased, around August 2014, one parcel of land registered as joint ownership by J, the injured party's spouse, and one parcel of land registered as joint ownership from the injured party, K, L, M three lots of land and N in the land owned by the sole owner of the said I in Gwangju-si in total of KRW 370 million, and constructed a unit of land 4 in the said land by the injured party.
The payment of the purchase-price refers to the above four parcels of land as security, and the debtor I succeeded to the obligation of KRW 300 million that was loaned by the resident credit cooperative on June 24, 201, and the injured party changed the obligation of KRW 20 million with the above four parcels of land as security, and the defendant B transferred the shares in the J name first to the defendant B, and then made a false statement to the effect that the defendant B would receive a loan as security and pay the balance of KRW 50 million until September 30, 2014.
However, at the time, the Defendants did not have the financial ability to repay KRW 20 million to the victim. Defendant B did not have any credit rating to succeed to the obligation of KRW 30 million, and Defendant B did not have any prior knowledge as to whether it is possible to succeed to the obligation. Moreover, even if the J transferred his/her share, whether to receive a loan by the due date as a security would not have any ability or intent to pay the purchase price of the land to the victim. Rather, the Defendants thought that the aforementioned J’s share transferred to pay the purchase price was personally secured in borrowing KRW 30 million, and even if they purchased the said land, the Defendants did not have financial ability to execute the entire house.