A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than five months with respect to the second crime as to the judgment of the defendant.

Punishment of the crime

On October 17, 2007, the defendant was sentenced to 10 months of imprisonment and 4 months of imprisonment for fraud at the Incheon District Court, and the above judgment became final and conclusive on December 27, 2007, and completed the execution of the above punishment on May 26, 2008.

The defendant is a person who mediates a coffee exchange contract between F and G in the East Sea owned by the victim D (name E before the opening of the name) and H building 209, Nam-gu, Incheon Metropolitan City.

1. On January 2007, the Defendant stated, by telephone, that “Around January 2007, the Defendant would immediately introduce and offer to the victim a case of other exchange contracts on behalf of the above exchange contracts. By lending money to the land owned by the victim until the locking time of physical display, the F land owned by the victim is changed as security. It would not be damaged by immediately repaying the above borrowed money.”

However, the defendant did not have the intention or ability to repay the above loan even if he borrowed the money from a third party with the land owned by the victim.

Nevertheless, on January 29, 2007, the Defendant, by deceiving the victim so as to provide the F land owned by the victim to I as a collateral, obtained the right to collateral and acquired 60 million won from the said I, and acquired it by defrauding the victim.

2. On June 1, 2009, the Defendant stated, “On February 2, 2007, when the victim cancelled a provisional registration set forth in subparagraph 209 of the H building 200 owned by G on February 2, 2007, the Defendant transferred the above provisional registration to another place, and delivered the victim KRW 1 million each month until he fully repaid the amount of KRW 30 million, and paid at least 20% of the commission received under the contract to the Plaintiff.”

However, even if the victim cancels the above provisional registration, the defendant did not have the intent or ability to implement the agreed content.

Nevertheless, the Defendant, by deceiving the victim as above, had G cancel the above provisional registration on June 2, 2009, thereby having G bear no burden on provisional registration.