A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On February 2, 2015, at the D hotel located in Gangseo-gu Seoul Metropolitan City around February 2, 2015, the defrauded Defendant may sell the hotel with the victim E “a d hotel which has remodeled the D hotel, which has not been paid the construction cost, and the unpaid interior construction cost. As such, the hotel may immediately receive the payment and return the loan when the hotel is sold, and receive the loan within 20 days even if the sale is delayed. Thus, in order to repay the loan with the money, he/she will prepare a loan certificate in his/her name to secure the loan, and offer the apartment as security.

“A false representation was made.”

However, even if the Defendant received money from the injured party, it was thought that it will be used as hotel operating expenses, personal debt interest, personal living expenses, etc., and the Defendant did not have the right to decide whether to sell the D hotel and whether to grant additional loans, and it was unclear whether the D hotel is sold at the time and whether to grant additional loans since there was no right to decide whether to sell the D hotel, not the owner of the D hotel. The loan certificate prepared in F name was arbitrarily prepared and forged without the F’s consent, and the Defendant had no intention to offer the apartment as a security, and the Defendant did not have any intention to pay the loan in excess of the rent due to the shortage of hotel operating expenses.

Ultimately, the Defendant, by deceiving the victim as above, obtained KRW 26 million from the victim on February 24, 2015, around March 7, 2015, KRW 10 million on or around March 7, 2015, KRW 20 million on or around April 6, 2015, KRW 100 million on or around April 7, 2015, to the new bank account in the name of the Defendant, and KRW 9 million on or around August 5, 2015, to receive KRW 165 million on or around August 5, 2015, respectively from the Defendant to the national bank account in the name of G, and acquired KRW 5 million on or around five occasions in total.

2. On April 7, 2015, the Defendant forged a private document by means of a computer at the office of the first floor of D hotel located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, the Defendant “a loan certificate and IF” is KRW 120,000,000,000 to E.