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

Punishment of the crime

[criminal power] On December 23, 2008, the Defendant was sentenced to two years of imprisonment for fraud at the Incheon District Court. On September 12, 2010, the enforcement of the sentence was terminated.

【Criminal Facts】

The Defendant is the representative director of AH of a limited company AH located in Yangyang-si, and the victim AI is the owner of forest land of 331 square meters (hereinafter referred to as “AJ land”) located in the AJ of Yangyang-gun, Yangyang-gun, and the victim AK is the owner of land of 132 square meters (hereinafter referred to as “AL land”).

1. On November 28, 2012, the Defendant committed a crime against the victim AI concluded a contract with the victim to exchange the victim with the purchase price of KRW 50 million ( KRW 4 million in contract amount, intermediate payment, KRW 31 million in intermediate payment, and KRW 15 million in balance) at the center of “N” in front of the AM Station at the Government-si of the Republic of Korea on November 28, 2012, stating that “The contract amount shall be increased, and the intermediate payment and the remainder shall be provided with the AJ land as collateral and shall be supplied with food materials from AO and paid for the sale price.”

However, even if the defendant was provided with a security against AO by the victim, he/she did not have the intent or ability to pay the intermediate payment and remainder of the AJ land.

On November 30, 2012, the Defendant, by deceiving the victim, led the victim to set up a right to collateral security which causes 100 million won of the mortgagee, the debtor limited liability company, and the maximum debt amount to AJ land.

Accordingly, the defendant, by deceiving the victim, had AO acquire economic benefits.

2. When the Defendant entered into a contract with the victim to purchase the AL land from the victim or the victim at a time and place identical to paragraph (1) at a price of KRW 65 million (6 million in contract amount, intermediate payment, KRW 40 million in intermediate payment, and KRW 19 million in remainder), the Defendant’s crime against the victim AK shall be the price for sale after having provided the AL land as collateral and having been supplied with food materials from AO in accordance with paragraph (1).