The defendant shall be punished by imprisonment with prison labor for not less than six months and the crimes of No. 4 in the decision of the court, and the crimes of No. 1, 2 and 5 in the decision of the court.

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on August 20, 2010 to six months of imprisonment due to a crime of breach of trust in the Sungnam branch of Suwon branch of Suwon branch of Korea, and the judgment became final and conclusive on April 28, 201. On March 30, 2015, the Defendant was sentenced to a suspended sentence of two years on August and April 7, 2015 to imprisonment for a crime of fraud.

[2016 Highest 3614]

1. On April 12, 2016, the Defendant: (a) at a certified judicial scrivener D office located in Gangdong-gu Seoul Metropolitan Government (Seoul), set up provisional registration No. 102 of G Li-gu, Seoul Metropolitan City F, with a loan of KRW 40 million to the victim E; and (b) the principal shall be repaid two months after the end of the two months.

“A false representation was made.”

However, in fact, the Defendant had a debt of KRW 360 million at that time, and the construction business operator had a claim for construction cost of KRW 190 million, which occurred during the construction of the above loan, and thus, the right of retention for the above loan was anticipated. However, even if the victim establishes a provisional registration, the victim did not have a collateral value, so even if he borrowed money from the victim, there was no intent or ability to repay the debt.

Nevertheless, the defendant deceivings the victim as above and transferred 37.6 million won to the credit cooperative account (number : I) in the name of the defendant on April 12, 2016 from the person who is suffering from the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2016 Highest 3856]

2. On May 9, 2016, the Defendant called in Gwangju City JJ, 202, and called in Pyeongtaek-si, Gwangju City JJ, B02, and called in B02, “B” and the Defendant formed a bond, and thus establishing a mortgage on loan. However, on loaning KRW 200 million, the Defendant concluded that the Defendant would pay the loan by creating a mortgage on loan at a bank within one week at latest after the cancellation of the mortgage which was created with the bond repayment and the bond payment.

However, at the time, the defendant was liable for the amount of 380 million won.