A person shall be punished by imprisonment with prison labor for two months with prison labor for the crime of No. 2 as stated in the judgment of the defendant, and eight months with prison labor.

Punishment of the crime

[criminal power] On October 10, 2007, the Defendant was sentenced to a two-year sentence of imprisonment with prison labor for a crime of fraud at the Seoul Southern District Court on April 10, 2007, and the said judgment became final and conclusive on October 18, 2007. On November 23, 2010, the Seoul Central District Court sentenced a one-year sentence of imprisonment with prison labor for a crime of fraud, and the said judgment became final and conclusive on April 6, 2011.

【Criminal Facts】

1. On October 20, 2006, the Defendant entered into an exchange contract with the victim T and one parcel of land, the Gangnam-gu Seoul Special Metropolitan City U.S. U.D. and the Defendant’s operation at the real estate brokerage office called “S”, which was located in J 202, Seongbuk-gu, Sungnam-gu, Sungnam-si, Seoul Special Metropolitan City, with the content of exchanging W apartment 1 bonds, which were located in the construction work, in exchange for the victim T and one lot of land and the Defendant’s operation.

At the time of the conclusion of the above contract, the defendant made a false statement that he would transfer the Incheon W Apartment 1 bond to the victim when paying 65 million won for the exchange difference with the land in good faith.

However, the fact is that the defendant paid the progress payment in excess of the progress rate from the (ju) V, and there was no possibility that the defendant will receive the apartment as a construction price in V. Therefore, even if the difference is received from the victim, there was no intention or ability to transfer the apartment.

Nevertheless, as such, by deceiving the victim as such, 35.5 million won, which is part of the exchange difference in the above exchange contract, was issued by the victim.

2. On March 24, 2008, the Defendant made a false call to the victim Q Q, a trader, at the Dong-gu Office X-gu, Gyeonggi-si, Gyeonggi-si, the Defendant made a false statement to the effect that “When the Defendant supplies electric equipment, electric wires, etc. to be used at the construction site, the price for the supply of such equipment, electric wires, etc. to him/her within two months.”

However, each construction site mentioned on the order sheet sent to the victim did not actually enter into a contract, and at the time, the defendant borrowed money from the real property, etc. about 300 million won.