A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Western District Court, and two years of suspended execution, and the above judgment was finalized on December 20 of the same year. On May 26, 2015, the Defendant was sentenced to two years and six months of suspended execution and three years of suspended execution for the same crime at the same court.

6.3 The above judgment became final and conclusive.

1. On September 25, 201, the Defendant concluded that “F” Moel building leased by the Defendant to the victim D as collateral for the Defendant’s loan, which was placed at the commencement of auction as a collateral for the Defendant’s loan, was false as follows: (a) the Defendant borrowed KRW 70 million from the Plaintiff in telephone call to the victim in the two weeks at the end of December to pay KRW 85 million; and (b) if the Defendant borrowed KRW 75 million to the victim in telephone call, the Defendant would accept and repay the construction price as the completion of the notified source work being undertaken in Gangseo-gu Seoul Metropolitan Government G at the end of December.

However, at the time, the Defendant did not work for the interim settlement of personnel expenses for reconstruction works, etc., which the Defendant continued and did not work for the smooth flow of funds due to disputes over construction works, etc., and not only did the Defendant pay the construction cost to the subcontractor, but also did not have any intent or ability to pay the Defendant’s debt to the subcontractor, even if the Defendant paid the Defendant’s debt to the subcontractor in excess of KRW 10 billion. Around 201, the Defendant’s debt owed to the office of tax payment was approximately KRW 30 million and KRW 40 million. Around 201, there was a debt worth KRW 2 billion and KRW 3 billion under the name of H operated by the Defendant. The Defendant’s debt owed to the Defendant amounting to KRW 100 million and the Defendant’s debt owed to the Defendant amounting to KRW 100 million.

Nevertheless, the defendant deceivings the victim as above, and let the victim do so, the defendant loans to the defendant's name on the 29th day of the same month.