A defendant shall be punished by imprisonment for three years.

Punishment of the crime

1. Around December 2009, the Defendant against the victim D made a false statement to the effect that, in the victim D’s residence located in Seongdong-gu Seoul Metropolitan Government E apartment 3 Dong 703 Dong 703, the Defendant sold the above victim’s son’s son’s son for KRW 4.8 billion via H, an intermediary, a commercial building located in Suwon-gu, Suwon-si, Suwon-si, the victim owned, to which H should pay KRW 300 million as real estate brokerage commission. As such, the Defendant had F deliver the above contents to the victim.

However, in fact, the above real estate brokerage commission was not KRW 30 million, but KRW 70 million, and the defendant was issued the difference of KRW 230 million and was thought to be used for the repayment of the existing debt.

On January 2010, the Defendant, by deceiving the victim, received 300 million won of the check from the victim, under the pretext of a brokerage commission, and delivered only KRW 70 million of the check to H, and acquired 230 million of the check by deception.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Victim F made a false statement to the effect that “A victim F is 1% interest per month if he/she lends money to the victim F because he/she is well distributed money while making his/her domestic credit business, and there is a large amount of assets.” The principal should be returned within one month if he/she requests the return at any time.

However, the Defendant did not have the intent or ability to pay the borrowed money within one month from the time when the victim demanded the return of the borrowed money, while the Defendant was in excess of KRW 900,000,000 or more of the principal amount of the debt, or did not have the intent or ability to pay the borrowed money in excess of KRW 10,000,000 or more.

As such, the Defendant, by deceiving the victim, received KRW 400 million as a check from the victim on February 2010.