A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 12, 2018, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Incheon District Court on July 19, 2018, and the said judgment became final and conclusive on July 19, 2018.

【Criminal Facts】

In order to preserve the claim amounting to KRW 215,057,534 on May 17, 2017 in the case of provisional seizure against real estate of the Incheon District Court 2017Kadan101626 of the victim B application, the Defendant thought that the provisional seizure against real estate of each of the above land in Yeonsu-gu Incheon, Incheon, which was owned by the Defendant, was made, and that the provisional seizure against real estate of each of the above land was made, and that the victim was released from the provisional seizure.

On October 12, 2017, the Defendant agreed to repay the principal amount of KRW 80 million to the victim on the mutual incompetency in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, and concluded that “on the face of the cancellation of provisional seizure on real estate, the Defendant shall preferentially repay KRW 21 million with the loan of financial right to the said real estate as collateral. Even if the loan was not granted in the financial right, the Defendant would repay KRW 21 million by the end of November 2017. After obtaining the loan from the financial right, the Defendant would set up a collateral security right of KRW 80 million with the maximum debt amount of KRW 59 million with the remainder of KRW 59 million with the priority of the said real estate.”

However, even if the above provisional seizure was cancelled, the defendant had no intention or ability to pay 80 million won or to establish the right to collateral security for the above real estate to the victim with the loan of the above real estate as collateral, because the defendant had to pay 1 billion won or more at the time.

As above, the Defendant, by deceiving the victim, had the victim cancel the execution of provisional seizure on the above real estate on October 16, 2017, and had the victim borrow the above real estate as collateral on January 26, 2018, but did not pay the victim the amount of KRW 80 million and did not establish the right to collateral security, thereby obtaining property profits equivalent to the amount of the above provisional seizure claim amount.

Summary of Evidence

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