Defendant

A is punished by imprisonment for one year for fraud against victim E, and is punished by fraud against victim F.

Criminal facts

Defendant

A On April 30, 2008, the Suwon District Court sentenced two years of imprisonment for a term of fraud to six months, and the judgment was finalized on July 10, 2008. On June 29, 2012, the judgment was finalized on November 10, 2012, and Defendant B was sentenced to one year of imprisonment for a term of fraud at the Seoul Southern District Court for a term of fraud on July 9, 2008, and the judgment became final and conclusive on October 18, 2008.

[2012 Godan5418] On February 4, 2009, Defendant A concluded a sales contract with the victim E by constructing and selling a building on the land located I (340.2m2m2) at the time of Silung-si owned by the victim. The purchase contract was concluded for KRW 6.8 billion. The down payment amount of KRW 200 million is paid on the date of the contract and the maximum debt amount of KRW 4.5 million is set up to the right to collateral security of KRW 4.8 million until April 2009.”

However, in fact, Defendant A did not have the ability to pay the said down payment KRW 200 million and intended to borrow and pay the said land as security by borrowing it from J and K, and there was no specific property for the purchase and new construction of the land. Even if the right to collateral security was established on the land owned by the victim, there was no intention or ability to pay the balance.

Defendant

A, by deceiving the victim as such, obtained necessary documents, such as a written agreement on the establishment of a right to collateral from K and J, and provided the said land as collateral to the debtor, and acquired pecuniary benefits equivalent to the maximum debt amount of the said right to collateral security by making a registration on the establishment of a right to collateral security with the said B and the maximum debt amount of KRW 300 million to the defendant as the defendant, the mortgagee as the defendant, the mortgagee as the defendant, and the debtor as the above K, the J and the K jointly established a right to collateral security with the maximum debt amount of KRW 150 million.

[2012 Highest 6017] Defendants on November 23, 2007