A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal career] On October 24, 2013, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court for fraud, and the said judgment became final and conclusive on February 27, 2014.

【Criminal Facts】

On September 5, 201, the Defendant: (a) provided real estate to a money wholesaler as security; and (b) concluded a sales contract on the E’s land and building on the land (hereinafter “instant real estate”) owned by D (hereinafter “instant sales contract”) around September 5, 201.

On the same day, the Defendant made a false statement to the victim F at the coffee shop located in Seongdong-gu Seoul, Seongdong-gu, Seoul, stating that “I would make the payment later if I would provide the instant real estate as security and pay the price later.”

However, in fact, the instant sales contract shall be KRW 115 million, and the remainder of the down payment shall be KRW 20 million, out of the down payment of KRW 30 million, and shall be paid KRW 10 million, and the intermediate payment of KRW 40 million shall be paid in two installments on October 7, 201 and November 7, 201, and the remainder of KRW 45 million shall be supplied by a trade company instead of paying on December 5, 201. Accordingly, the instant sales contract was concluded under the condition that the seller establishes a right to collateral security with the maximum debt amount of KRW 130 million,00,000,000,000 from the instant real estate, and the special agreement of the instant sales contract provides that “When the buyer fails to perform the contract, the seller may terminate the establishment of a right to collateral security without any separate peremptory notice at any time.”

At the time, the Defendant did not have any intent or ability to maintain the above security provided to the victim as it was difficult to pay for the purchase price of real estate normally pursuant to the instant sales contract because there was no other financial resources other than the profit from selling the money supplied by the victim. In fact, the amount of the sales contract of the instant real estate is KRW 30 million.