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

The application for the instant compensation order shall be dismissed.

Punishment of the crime

[Criminal Power] The defendant was sentenced to a suspended sentence of one year and six months for fraud at the Suwon District Court on July 19, 2012, and the judgment is the same.

8. 14. Finality was established.

【Criminal Facts】

1. The Defendant is a person who operates F Co., Ltd. on the 8th floor of Yeongdeungpo-gu Seoul Metropolitan Government E building.

On August 8, 2007, the Defendant purchased K building and its site located in Daejeon Dong-gu G, H, I, and J ground, and entered into a real estate security trust agreement with the real estate trust company, and entrusted the said building to the real estate trust on the same day for the purpose of raising funds necessary therefor.

2. Around December 10, 2009, the Defendant stated that “Around December 10, 2009, the Defendant would settle the accounts with the victim D as KRW 160 million within four months if he/she wishes to do so with a large number of people in the case of K buildings being remodeled to three lots outside the Daejeon Dong-gu, Daejeon. If he/she does not enter into a contract, he/she would be able to enter into a contract with another person, but he/she would give priority to the party. If he/she invests KRW 120 million in the sales contract for commercial buildings, he/she would be formed at least 40 million, and if he/she wishes to cash, he/she would settle the accounts with KRW 160 million within four months.”

However, in fact, between the above F and the above Daehan Real Estate Trust, as seen above, a real estate security trust agreement was concluded, and each trust registration was made as of August 9, 2007, and the Defendant could not commit any act such as selling the above building to another person under the above trust agreement, and any act of restricting ownership such as creating a mortgage on another person. At the time, the Defendant’s debt amount amounted to 14 billion won at the time, and there was no way to pay the construction price to the construction business entity. Accordingly, even if the Defendant received the above sales contract from the victim, the Defendant is willing or ability to pay the premium or settlement amount promised to the victim.