A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 30, 2008, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the public support of the Daejeon District Court on April 30, 2008, and the execution of the sentence was terminated in the Ansan Prison on March 20, 201, and on September 12, 2013, the judgment became final and conclusive on November 30, 2013.

Criminal facts

On November 16, 201, the Defendant, through the brokerage of real estate broker C, concluded an apartment sales contract with the seller D and Gangnam-gu Seoul E apartment A, with the content that he/she pays the remainder of KRW 100 million on November 16, 201, the intermediate payment of KRW 200 million on December 20, 201, and the remainder of KRW 1.6 billion on December 30, 201.

However, until November 28, 2011, the Defendant paid only KRW 70 million out of the down payment of KRW 100 million, but failed to pay the remainder, and was unable to receive a refund of KRW 70 million, which was terminated and already paid, as a penalty, from the seller D around December 27, 2011, the Defendant attempted to file a false complaint with the intention to receive the refund and to have D and C subject to criminal punishment.

Around November 29, 2013, the Defendant entered into an apartment purchase contract with the Seoul Central District Prosecutors' Office located in 158 according to the distribution of Seocho-gu Seoul Metropolitan Government, stating that C had the broker borrowed KRW 1.6 billion from the first financial right in relation to the above sales contract, and although the above intermediate payment and the balance are prepared by the Defendant, C would have a loan of KRW 1.6 billion from the first financial right although C did not have the intention or ability to obtain a loan of KRW 1.6 billion from the first financial right, it would have the broker obtain a loan of KRW 1.6 billion from the first financial right. Therefore, although C concluded the above apartment purchase contract on the ground that it had the intention to obtain a loan of KRW 1.6 billion from the first financial right, C could not get a loan of KRW 1.6 billion from the first financial right, the contract was terminated and the penalty of KRW 70 million was charged.

After all, D and C conspired to receive KRW 70 million, and therefore D and C are fraud.