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

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

Punishment of the crime

1. Fraud;

A. On March 12, 2012, the Defendant: (a) purchased the purchase price of KRW 365,000,000 from the victim C’s house located in the wife population B on March 12, 2012, for KRW 365,000,00, the victim’s purchase price of KRW 365,000,000, which is the victim’s ownership; and (b) said, “The Defendant wishes to purchase the said land at home and build and operate a manufacturing factory of eco-friendly living containers on the said land; and (c) provided the said land as security at a bank’s loan of KRW 280,00,000, the down payment and intermediate payment of KRW 20,000,000, which will be paid later than three months.”

However, in fact, the Defendant did not have any business funds necessary for the purchase of the above land and the construction of a factory, and there was no specific plan to raise funds and a contract for the operation of the business, so the business was not carried out properly. The Defendant planned to use the above loan funds as land purchase price and business funds. Even if receiving money from the victim, the Defendant did not have any intent or ability to purchase the above land by repaying the loan and interest and paying the balance after three months.

Nevertheless, the Defendant, by deceiving the victim as above and allowing the victim to set up the right to collateral security on the above land as the victim, at the newspaper, Saemaul Community Fund, which is located in the village of the same day and in the same day, the Defendant received 280,000,000 won from the newspaper, Saemaul Community Fund, for the purpose of lending from the defendant, the mortgagee, and the maximum debt amount, and the joint and several sureties acquired property benefits equivalent to the same amount.

B. On April 18, 2012, the Defendant told the victim to pay KRW 750,000 as of the monthly interest and as soon as possible, at a cafeteria located on the south of the wife population, “If the business funds are leased to the victim, the Defendant would pay KRW 50,000 to the victim KRW 50,000.”

However, the Defendant did not have any business funds that were completely prepared as above, and the Defendant did not have to proceed with the business.