A defendant shall be punished by imprisonment for one year.

On March 20, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on March 20, 2015, and on June 9, 2015, the Seoul East Eastern District Court completed the execution of the sentence.

Criminal facts

On April 26, 2016, the Defendant: (a) certified each of the same contents with the purport that “If the Defendant would have a person obtain a loan by establishing a collateral on a party’s real estate (FFG G G) at the office located in Songpa-gu Seoul Metropolitan Government, the Defendant would not use the loan for any purpose other than the acquisition of a building of 4,487 square meters on the 2nd underground floor located in H, Dongbacheon-si, Hacheon-si, with a total floor space of 8 square meters above the 8th underground floor located in H, and would cancel the mortgage after paying the loan without molding within 45 days; and (b) would pay KRW 30 million in return for giving the collateral; and (c) believed that the victim loaned KRW 50 million from I on April 27, 2016, the Defendant set up a collateral security interest of KRW 75 million on the maximum amount of the credit owned by the victim.

However, the defendant did not have money to take over the above 20 million building, and there was no specific financing plan, and even if the victim's real estate was given a loan as security because of the lack of a specific financing plan, the defendant did not have an intention or ability to cancel the right to collateral by repaying the loan within 45 days, and to pay 30 million won which the victim promised in return for the security.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 75 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution against J;

1. Statement made by the police and prosecutor with regard to E;

1. Each letter (Evidence No. 2);

1. Certified copies of the real estate register (Evidence No. 4), details of deposit transactions (Evidence No. 12);

1. Investigation reports (to hear statements from complainants and reports), investigation reports (to hear statements from the K of the same ducheon Building Owner and to report thereon);

1. Previous convictions: Residential criminal history inquiry (Evidence No. 42), investigation report (the judgement and term related to repeated crimes A by the suspect A).