A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On October 14, 2016, the Defendant was sentenced to imprisonment with prison labor on two and a half years and six months for fraud, etc. in Gyeyang Branch of the Jung-gu District Court on March 14, 2016 and the said judgment became final and conclusive on December 22, 2016.

[2] On November 24, 201, the Defendant, at the D’s Certified Judicial Scriveners Office located in Eunpyeong-gu Seoul Metropolitan Government around November 24, 201, purchased the purchase price of KRW 710,00,000 from the victim F to KRW 15,000,000,000. On the other hand, the Defendant paid the down payment of KRW 2,000,000,000,000 and the remainder is paid after being provided with the instant real property as security, and paid the balance after being supplied with the instant real property. On November 25, 201, the Defendant was aware that the ownership of the instant real property was transferred in the name of Eunpyeong-gu, Seoul, but did not have been paid the remainder amount of KRW 130,00,00.

Therefore, on December 5, 2011, the Defendant, at the above certified judicial scrivener office, would set up a right to collateral on the health of the head of the Party (the State) who is the customer in Korea, and receive goods from the health of the head of the State as collateral and sell the goods and pay the balance with the profits.

“A false statement was made to the effect that it was “.”

However, at the time, the Defendant had a debt equivalent to approximately one billion won, and even if the goods were sold after being provided with goods from the health care of the head, the sales proceeds was expected to be repaid for the previous debt or used for expenses, etc., and there was no other specific income or assets, and there was no intention or ability to pay the balance as agreed upon to the victim.

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to set up a collateral security of KRW 300 million with the maximum amount of the claim amount to the Defendant’s transaction partner; and (c) sold the instant real estate with the goods supplied from the Defendant’s health care; and (d) did not pay any balance of KRW 130 million, the Defendant acquired property benefits equivalent to that amount.

Summary of Evidence

1. The trial records are in the second trial records; and