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

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

On January 8, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the District Court for the Defendant’s District Court on January 8, 2016, and the judgment became final and conclusive on January 16, 2016.

Criminal facts

"2016 Highest 535"

1. On April 2, 2014, the Defendant of fraud, around March 30, 2014, tried to sell to the victim H located in G in Namyang-si around March 30, 2014, and to the victim B “I with the inside of the Republic of Korea.”

In order to sell a gas station lawsuit, ownership shall be transferred in the name of the ownership, and to do so, the liquidation fund is needed.

If only KRW 50 million is lent, it would immediately sell the gas station and receive the purchase money and repay the money to the party, and it would also lend KRW 850,000,000,000 for the money to be lent to the party.

The phrase “ makes a false statement.”

However, in fact, the Defendant had been at the time at KRW 4.4 billion, due to the financial rights and debentures worth KRW 200 million, and the Defendant had to pay the amount equivalent to KRW 400 million to the former owner in order to complete the registration for the transfer of ownership of the gas station in the future. Therefore, even if he/she borrowed money from the damaged person, he/she did not have the intent or ability to use the money for the sale of the gas station at the expense of the sale of the gas station or to lend the money to the injured person and to lend the money.

Around April 2, 2014, the Defendant, by deceiving the victim as above, received 45 million won from the victim to the K bank account in the name of the Defendant from the victim and acquired it by defrauded.

2. On June 11, 2014, around June 10, 2014, the Defendant would lend KRW 800,000,000 that was promised prior to June 11, 2014 to the victim B in the vicinity of the intersection located in Seocho-gu Seoul Metropolitan Government Seocho-gu.

“A false statement” was made.

However, in fact, the defendant had been instructed to pay interest, etc. due to the above debt, and the registration of the transfer of ownership of the gas station was made in the future.