A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant developed a total of 2,300 square meters of land in Gyeonggi-gun C (hereinafter referred to as “the above land”) as an electric house site and carried out the business of selling it in lots.

1. On May 14, 2014, the Defendant promised to transfer the 446/1,569 shares out of the above land owned by the Defendant under his/her name to the victim F, inasmuch as construction cost is necessary for the whole development of the above land at E office located in Pyeongtaek-gun, Gyeonggi-do, to the victim F, and thus, in the event that the Defendant is unable to repay the loan by September 30, 2014, he/she promised to transfer the 446/1,569 shares out of the above land owned by the Defendant under his/her own name.

However, in fact, the Defendant was unable to pay interest equivalent to KRW 2 million per month on the claim amount of the right to collateral security, which is the maximum amount of the claim amount of KRW 447,200,000, which was set up on the above land, and the construction cost, such as the equipment cost, related to the development of the above land, was not fully paid. As such, the Defendant was in a state of aggravation of funds such as the obligor’s expectation of the application for auction or provisional attachment, so even if borrowing the money from the damaged party, there was no intention or ability to transfer the said

As such, the Defendant, by deceiving the victim on the same day, deposited KRW 30 million in the G account in the name of G from the victim on the same day.

2. From August 21, 2015 to November 2, 2011, the Defendant borrowed KRW 30 million from the injured party, as set forth in paragraph (1), but did not change the ownership that was promised to transfer to the injured party due to the creditor’s application for provisional attachment or auction, etc. on the said land, the Defendant borrowed additional construction expenses to the injured party, and requested the injured party to change the ownership right that was promised to transfer. As such, the Defendant calculated the existing loan and additional construction expenses as KRW 100 million and calculated the transaction agreement as to the “130 square out of the said land and the 25th square out of the said land,” and promised to immediately transfer the ownership upon the completion of the said building.

However, the defendant had already been on August 23, 2013.