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

Punishment of the crime

[Criminal Power] On October 2, 2014, the Defendant appealed to the Gwangju High Court (Seoul High Court), which was sentenced to two years and six months in prison due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but the Defendant was dismissed and is still pending in the appeal to the Supreme Court.

【Criminal Facts】

1. Fraud against the lessee of a C apartment;

A. Basic facts, the Defendant, while running a housing rental business from around 2006, has been running a business by purchasing an apartment house with a loan, and then leasing or resale it after purchasing it.

On December 12, 2011, the Defendant decided to purchase 32 households of the Dongdaemun-gu Seoul Special Metropolitan City C apartment from MM Construction. On January 12, 2012, each apartment unit of the above apartment units, which had already been concluded a lease contract and is residing by the lessee, provided as security to the former Central Credit Union (hereinafter referred to as the “former Central Credit Union”) on January 12, 2012, and loaned approximately KRW 80 million to cover the purchase price.

On the other hand, prior to the purchase of the above C Apartment, the above apartment was already established with the first right to preferential payment by the lessee of each apartment unit as the debtor, and the lessee of each apartment unit had the right to preferential payment by receiving the fixed date after the moving-in report. The defendant paid part of the purchase balance by paying the above first right to comprehensive construction with the NAM construction and terminating the above first right to preferential payment. Since the defendant agreed to pay the purchase price on January 12, 2012 under the condition that the lessee succeeds to the lease agreement with each apartment unit and return the lease deposit to the above lessee, the defendant received the loan from the former Central Credit Union on January 12, 2012 and terminated the above first right to preferential payment by each apartment unit, the lessee of the above apartment unit had the right to preferential payment against the former Central Credit Union as the subordinate mortgagee.