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

Punishment of the crime

[criminal power] On August 12, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months in Seoul High Court and one year in imprisonment with prison labor for fraud, etc. On December 17, 2010, the Defendant completed the execution of the sentence in the Ansan Prison on December 17, 2010.

[2014 Highest 723]

1. Around March 16, 2012, the Defendant made a false statement to the Defendant’s “Dart” store located in Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul, that “The Victim E shall pay off money within a number of days if he/she lends money necessary to pay the value, etc. of the goods.”

However, the defendant did not have property at the time and paid the value of the property on credit, so even if he borrowed money from the victim, he did not have any intention or ability to pay the money.

Around March 2, 2012, the Defendant received 4,750,000 won from the victim to the F account under the name of F as the borrowed money, as well as from around that time to February 22, 2013, the Defendant received 43,018,50 won in total as the borrowed money from the victim in the following manner: (a) from around that time, to around February 22, 2013.

2. On March 20, 2012, the Defendant made a false statement to the effect that, in the process of concluding a sales contract with the victim I as to the 25,288 square meters of H-gun Jin-gun, Gangwon-do forest owned by the victim, the Defendant would pay 10,000 won of the down payment and pay the victim the balance of the down payment (if there is no balance of the down payment, the Defendant would first receive money from K on the said land if the right to collateral security is created in the name of K.).

However, the defendant did not have the intent or ability to pay any balance even if the victim created the right to collateral security in the name of K in the above land.

The Defendant had the victim set up a right to collateral security with K as the creditor and the maximum debt amount of the above land amount of KRW 80,00,000, thereby acquiring the pecuniary benefits equivalent to the market value of the above real estate.