A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The defendant of "2015 Highest 2040" is the representative director of B (hereinafter "B") who is a real estate implementing company.

On August 2014, the Defendant: (a) made the victim E a multi-family house (hereinafter referred to as the “multi-family house in this case”) in D car page located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) made it necessary to pay the amount to the victim E; (c) made it possible to pay interest of KRW 20 million after one month of lending KRW 50 million; and (d) made a false statement to sell 101 Dong 301 and Dong 301 of the instant multi-family house in this case, which is currently being constructed, if it is impossible to pay within the due date, and issued a written confirmation to the victim to the effect that the damaged person fully paid the sale price for the above 101 Dong 301 to ensure the awareness of the victim.

However, the Defendant did not have any right to the instant multi-family house 101 Dong 301 at the time, such as ownership or security right, and did not have the intent or ability to transfer ownership of the said 101 Dong 301, which was offered as security at the time of the Defendant’s default of obligation in the future, to the victim. There was no particular asset, and there was no intention or ability to repay the borrowed amount to

On August 11, 2014, the Defendant deceivings the victim as above and received KRW 50 million from the victim’s account (G) of the name of the Defendant.

On August 26, 2014, the Defendant stated, Guro-gu Seoul, Seoul, that “The Defendant is implementing the K Redevelopment Project at Company B, Seoul, H, and three parcels of land, and the Defendant would contract the construction to Company I. In this regard, the contract deposit would be changed to KRW 100 million.”

However, the above "K Redevelopment Project", which the defendant had been trying to implement B as representative, did not determine the project site because part of the land included in the project site was not purchased from B or redevelopment partnership.