The defendant shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for the third crime as stated in the judgment of the court.

Punishment of the crime

[criminal power] On August 13, 2007, the Defendant was sentenced to two years of suspension of the execution of one year of imprisonment for fraud at the Incheon District Court on September 19, 2008, and the above judgment became final and conclusive on September 19, 2008. On June 8, 2011, the Seoul Central District Court sentenced ten months of imprisonment for the crime of forging securities, etc., and the above judgment became final and conclusive on August 18, 201.

1. Fraud to the victim C (2010 highest 5748);

A. On October 8, 2005, the Defendant, at the E-real estate office located in Gangnam-gu Seoul Metropolitan Government, made a false statement to the victim C (F prior to the opening of the name), stating that “The Defendant purchased Mapo-gu Seoul Mapo-gu H lending 301 in the name of Dong resident G, and would purchase this loan with KRW 130 million in the amount of KRW 19.5 million. First of all, the Defendant changed down payment to KRW 19.5 million.”

However, the above-mentioned loan 301 was already known that the owner filed a lawsuit for cancellation of the registration of ownership transfer on the ground that the ground of invalidity of the ground for the above loan is void, and that if so, the ownership should be transferred without any justifiable ground. Thus, even if the owner received the payment from the above victim, the owner did not have the intent or ability to transfer the ownership of the loan as agreed upon by the contract.

Nevertheless, the defendant, through I, who is his own child, obtained the sum of KRW 11 million from the above victim as contract deposit, namely, KRW 2.5 million around October 10, 2005, KRW 19.5 million on October 11, 2005, and KRW 19.5 million from the above victim.

B. On March 2006, the Defendant made a false statement to the said victim on the second floor of E-real estate building in Gangnam-gu Seoul, the second floor of which was located in Gangnam-gu, Seoul, stating that “The above victim would have paid value-added tax of KRW 10 million on behalf of the Defendant for the purchase set forth in K 301 and 302 that was newly constructed at the J.”

However, the Defendant did not intend to pay value-added tax on behalf of the Defendant, even if he received the said money from the beginning because he did not have any living expenses as a bad credit holder.

The defendant is against the above victim.