A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal career] On April 20, 2018, the Defendant was sentenced to three years of suspended execution on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) at the Jung-gu District Court, which became final and conclusive on April 28, 2018.

[Basic Facts] The Defendant is a person who conducts real estate development business by establishing a corporation called “B” for the purpose of real estate development business.

On December 17, 2009, the Defendant borrowed KRW 100 million from the Victim C, and on March 10, 2010, set up a collateral of KRW 100 million with the Victim D and E as the obligee, with the Victim as the obligee.

【Criminal Facts】

On April 1, 2010, the Defendant made a false statement to the victim, “D and E want to sell KRW 1 billion before the main office of the Seoul Central District Office located in Jung-gu, Seoul, the Defendant released C’s right to collateral security and made a lump sum repayment of KRW 100 million loan and interest KRW 50 million, at the face of the week by rescinding C’s right to collateral security.” On the same day, the Defendant was provided with documents necessary for the termination of the right to collateral security on the same day by the victim, and subsequently terminated the establishment of the right to collateral security on April 2, 2010, paid KRW 50 million interest on the loan and did not pay the principal KRW 100 million.

In fact, the Defendant did not have any particular property or income other than the real estate purchased with the loan from F for real estate development business, and was not able to cancel the mortgage amount of 2.24 billion won with the maximum debt amount of f.2 billion won established on the real estate, and was unable to repay the loan borrowed from G, etc., and the victim did not have the intent or ability to repay the loan amount of 100 million won even if the loan was sold by cancelling the mortgage right established on the D and E.

Accordingly, the defendant, by deceiving the victim, had the victim terminate the right to collateral security equivalent to KRW 100 million, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. C’s legal statement;

1. The defendant's suspect interrogation protocol C.