A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On November 12, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Suwon District Court for fraud, and the said judgment became final and conclusive on December 30, 2015.

The Defendant was the representative director of the Company B (A: hereinafter “C”) that was engaged in real estate sale and purchase business and sales agency business from October 2007.

On April 15, 2010, the Defendant: (a) at the E’s office located in the Seocho-gu Seoul Metropolitan Government D Building, the victim F (Seoul, and 48 years of age) “A lack of funds to purchase access land for the implementation of a pension project in Gangwon-do.” (b) If the Defendant leased real estate, as security, purchased the access land for the pension project in which G borrowed KRW 150 million from G, and proceeds with the pension project; (c) paid interest of KRW 2% (3 million) starting six months after the six-month period; and (d) paid the loan amount in full after one year, the Defendant terminated the establishment of a collateral security right by repaying the loan amount in full; and (d) paid 350 square meters at the pension site where two roads can be carried out.”

However, the Defendant, who received the above real estate from G as collateral, did not think of the use of the money borrowed from G as the purchase fund for access land to the pension project in Gangwon-do, but was thought to use it as the company's operating fund such as repayment of debts such as bank loans in the above corporation B and payment of wages to employees. At the time, the above corporation B did not have the intent or ability to repay G the loan to G or to provide the interest agreed upon to the victim when it was about KRW 180 million in the state of its own management.

Nevertheless, the Defendant, by deceiving the victim as above, received the documents establishing the right to collateral security against the 140.2 square meters and 2-story housing (hereinafter “the instant real estate”) in the same day from the victim during the period of awareness of the H’s name. As to the instant real estate, the Defendant borrowed KRW 150 million from G, while borrowing KRW 150 million from G, and registered the establishment of the right to collateral security over the instant real estate amount of KRW 180 million.