A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

around September 23, 2013, the Defendant drafted a sales contract stating that “If the Defendant lends KRW 50 million to the victim E from the first floor of the Bupyeong-gu Incheon Metropolitan Government D Building, he/she will repay the said money to the victim E until December 26, 2013,” and that “If the said money is not repaid by the agreed deadline, 501 shares in the D shop.”

However, at the time of borrowing money from the victim, the Defendant has to pay not less than KRW 400,000 per month interest on the personal debt of not less than KRW 700,000,000 per month, and there is no intention or ability to repay even if the Defendant borrowed money from others.

The Defendant received KRW 50 million from the victim on the 27th of the same month from the victim to the national bank account (F) in the name of the Defendant on the 27th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

around January 7, 2014, the Defendant stated that “Around January 7, 2014, at the office of sales in the first floor of the building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant would make payment to the victim G for the interest of KRW 2.5 per month if the completion cost is insufficient, the principal would be paid within four months if the interior of the D building is leased with an amount equivalent to KRW 500 million, and would be paid within four months if the principal is not paid within four months, the sales right of the D building will be transferred.”

However, at the time of fact, the Defendant had a debt amounting to approximately KRW 1.9 billion, and the above D D Building did not have an intent or ability to pay the debt or to grant the right to sell the entire fourth floor of the above D Building even if it borrowed money from the victim without the consent of H, a joint owner.

On January 7, 2014, the Defendant, by deceiving the victim as above, was transferred KRW 475,00,000 to the national bank account (F) in the name of the Defendant for the purpose of borrowing money from the victim.

Summary of Evidence

"2015 Highest 4067"

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A copy of a contract for sale in lots, written confirmation, receipt, and content-certified copy "2015 Highest 4256";

1. The defendant;