With respect to the crimes of Nos. 1 and 2 in the judgment of the defendant, 2 years of imprisonment shall be punished by imprisonment with prison labor for the crimes of No. 3(a), (b), (4), and (5) in the judgment.

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court for fraud, etc., and the said judgment became final and conclusive on the 30th of the same month.

[2014 Highest 1571]

1. On November 2010, the Defendant stated that “A victim E who borrowed money from around November 2009 at the office of the credit business chain in Gangnam-gu, Seoul, the Defendant was awarded a successful bid of Seocho-gu Seoul, Seoul, Seoul, 213 (hereinafter “instant commercial building”) in the name of the LABF in the name of the LABF around October 201, 209, the Defendant would set up a first priority collateral security right to KRW 150 million, including KRW 85 million borrowed prior to the loan of KRW 65 million, if the remainder of the successful bid is insufficient.”

However, in fact, even if the defendant extended money from the victim when he/she was working for credit business and auction business, and did not prepare the balance of the successful bid of the commercial building of this case, he/she did not have the intent or ability to set up the first right to collateral security with respect to the commercial building of this case.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the total sum of KRW 65 million on November 17, 2010 and KRW 65 million on the 19.25 million on the same month, and acquired it by deception.

2. On December 2010, at the place indicated in paragraph (1) around December 2010, the Defendant stated that “The Defendant would set up a first priority collective security right on the instant commercial building upon the completion of the transfer of ownership of the instant commercial building,” stating that “The Defendant would set up a first priority collective security right upon the completion of the transfer of ownership of the instant commercial building.”

However, the fact is that the defendant's personal obligation, such as the statement in paragraph 1, was complicated, so it is additional from the victim.