1. Defendant A shall be punished by imprisonment with prison labor for one year.

Of the facts charged in this case, the fraud of December 18, 2015 is acquitted.

Punishment of the crime

[criminal power] On February 22, 2018, the Defendant was sentenced to imprisonment of one year and six months with labor for a crime of fraud, etc. at the Busan District Court’s Dong Branch Branch, and the judgment was finalized on October 17, 2018. On April 19, 2018, the judgment was finalized on October 23, 2018 after being sentenced to six months of imprisonment with labor for a crime of occupational embezzlement by the same court. On January 30, 2019, the Defendant was a person who was sentenced to three months of imprisonment with labor from the Busan District Court’s Seosan Branch Branch, which was currently pending in the appellate court.

[2018 Highest 2749]

1. Defendant A and Defendant B did not have any intent or ability to develop real estate and obtain profits. The purpose was to lend money from another person to repay existing debts or use money for living expenses, etc., and they did not have any intent or ability to repay the money. However, Defendant A accessed the victim E who was aware of that person’s interest and conspired to borrow money from the victim as if he would have developed real estate and pay profits.

In addition, at around October 2015, the Defendants stated that “The victims have a plan to purchase and develop big F, G, H, and I’s land,” and that “The lack of funds, 130 million won for the purchase and sale of the land, 40 million won for the cemetery, 30 million won for the cemetery, 40 million won for the graveyard, 40 million won for the land brokerage, 40 million won for the design, 40 million won for the registration expenses, 30 million won for the registration expenses and taxes, and 450 million won for the purchase of the land, with the construction permission within five months, and with the loan from the bank.”

However, in fact, the Defendants did not have any funds necessary for the development of real estate, and the said real estate did not meet the average gradient requirements required for the construction permit, and was a land that could not be permitted, and the said real estate could not be paid to the victims within five months following the fact that the application for a bank loan or the examination was not made.

Nevertheless, the Defendants are the victims.