A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[criminal record] On December 16, 2011, the Defendant was sentenced to a total of five years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and on July 4, 2013, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Central District Court for fraud and completed the execution of each of the above punishment at the Public Correctional Institution on December 10,

[Criminal facts]

1. On February 1, 2016, the Defendant: (a) at the fifth floor office of the F Building in Gangnam-gu Seoul, Seoul; (b) the victim E (hereinafter “the instant construction site”); (c) the victim E was able to undertake the project at the construction site of the D main apartment (hereinafter “the instant construction site”); (d) the transfer of the right to execute the construction site is required; and (e) the Plaintiff would be able to lend the amount of KRW 5 million to a small construction site upon receipt of the right to execute the construction; and (e) the said loan would also be repaid by the end of February.

“A false representation was made.”

At the time, the Defendant was transferred the enforcement right from G to the executor at the instant construction site, but the terms and conditions of the transfer were to invite investors to invest KRW 9 billion in the said site.

However, in fact, H (State) operated by the Defendant was a company with no business performance, and there was no property owned by the Defendant, and the Defendant did not have been in excess of two months from the date released from the prison. Thus, even if the enforcement right is transferred, it was not capable of operating the instant construction site with the fourth floor, the 20th floor above the ground, the site area of the 1342 square meters below the 1342 square meters, or raising the investment amount of KRW 9 billion. Furthermore, the Defendant did not have any intent or ability to repay the above loan to the victim by the end of February 2016.

Ultimately, the Defendant deceivings the victim as above, and received KRW 5 million from the victim to the I’s account under the name of the Fund borrowed around February 2, 2016.

2. The Defendant, on March 13, 2016, committed an apartment loan fraud related to the right to sell apartment units (victim E) with the victim E at the place described in paragraph 1 around March 13, 2016, and the victim E at the portJ.