A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 23, 2010, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Gwangju District Court for fraud, and the said judgment became final and conclusive on December 31, 2010.

[2012 Highest 437]

1. On October 2008, the Defendant against the victim D made a false statement to the victim D at the F Office located in the fourth floor of the Seoul Gangnam-gu Seoul E-gu Seoul E-building, stating that “The Defendant shall remodel the victim D into a hospital the building located outside G G in the military, mountainous, and two lots of land. However, after obtaining beneficiary certificates from the Korea Land Trust due to the large scale of the construction, it is necessary to obtain the loan by presenting the beneficiary certificates to the bank, and at the bank, it is necessary to issue the beneficiary certificates. First, the above construction is subcontracted to the subcontractor, and the beneficiary certificates will be returned to part of the construction cost by obtaining the bank loans through the beneficiary certificates within three months.”

However, there was no funds to remodel the above building. The security trust for the issuance of beneficiary certificates did not apply to the above Korea Land Trust and did not own the ownership of the above building. Even if the victim received money from the victim, the purpose was only to use the building for an individual purpose, and therefore, there was no intention or ability to subcontract the above construction to the victim or to repay the above money.

Nevertheless, on October 29, 2008, the Defendant, by deceiving the victim, transferred KRW 10 million to an enterprise bank account under the name of the Defendant to the victim. On October 31, 2008, the Defendant opened up a check of KRW 30 million at the F office of the above corporation on October 31, 2008, and returned KRW 5 million among them to the victim, and acquired them by deceiving the victim.

2. On November 3, 2008, the criminal defendant against the victim H intends to remodel I, who is the employee of the victim company, at the F Office located in the fourth floor of the Gangnam-gu Seoul E building, Seoul, to the hospital.