A defendant shall be punished by imprisonment for a term of one year and three months.

Of the facts charged in the instant case, acquiring KRW 200 million from D.

Criminal facts

1. On May 25, 2010, the Defendant, at the Seocho-gu Seoul G gas station, concluded that “If at the end of October 2010, the term of lease of the H gas station expires, Gangnam-gu H gas station expires” with the victim E, and that at the end of July 2010, the Defendant lent KRW 100 million to the victim E, for whom the Defendant would have the actual owner of the H gas station and the rental contract enter into.”

그러나 사실 위 H주유소는 이미 2009. 10. 29. 실소유자인 I 등이 SK네트웍스와 임대차 계약을 2011. 12. 31.까지 연장한 상태였고, 피고인은 당시 채무액이 약 8억원에 이르러 피해자로부터 1억원을 차용하더라도 피해자로 하여금 위 H주유소를 임차하게 해 주거나 1억원을 변제할 의사나 능력이 없었다.

On May 27, 2010, the Defendant received 100 million won from the victim to the single bank account under the name of the Defendant.

2. On July 2010, the Defendant perused the copy of the register of the land located in the Gyeong-gun, Gyeong-gun, J in the name of the Defendant to the victim F, who became aware of by the introduction of the above E, and falsely concluded that “In the future, K has a right to collateral security of 200 million won with the maximum debt amount of 50 million won in its own land, and the payment of KRW 50 million has been made, and if it lends KRW 150 million to K, it is possible to obtain a loan equivalent to KRW 1 billion with the land as security after the termination of the right to collateral security. This loan is made into a legal entity of G oil station and H oil station with the said loan. The loan shall be repaid within two months, the interest rate of 10% per annum shall be paid, and at the time of default, the name of G oil station shall be transferred.”

However, in fact, the Defendant was liable for a debt of 80 million won or more, and due to the lack of the cost of oil purchase at a gas station operated by himself, it was thought that other bonds were repaid even if the victim borrowed 150 million won from the victim, and the said land was loaned to the Defendant’s land as collateral and then the said land was raised as business funds or borrowed.