A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal history] On October 16, 2014, the Defendant was sentenced to a suspended sentence of one year in the June of imprisonment without prison labor for a crime of injury resulting from business and actual injury at the Incheon District Court, and the judgment became final and conclusive on March 21, 2015.

[2] The Defendant, from around 208 to around 2010, operated “Ewa Holdings” from the 4th, 5th, and 12th, Seo-gu, Incheon, Seo-gu.

On June 2009, the Defendant, at the office of the Defendant located in the above D 4th century, set up the first priority right as security against the victim F, “on the face of a loan of KRW 400 million, he set off an auction under way with the said money and cancelled the existing mortgage, and then set up the first priority right as security against the victim.

“The principal of each month shall be paid as interest, and the principal shall be paid as of June 25, 2010, which shall be one year after the payment of interest, and shall be paid in full with a loan of KRW 700 million from the Suhyup even before and after that payment.

“.....”

However, even if the Defendant borrowed KRW 400 million to the victim, the Defendant intended to use the Defendant’s loan for the construction fund of G trading hole, which was in the process of construction for the expansion of trading hole, and did not intend to cancel the above D5th and 12th floor application as stated by the victim. The Defendant did not intend to cancel the existing collateral security and did not have the intent or ability to set up the first priority collateral security for the victim.

In addition, due to the failure to repay the debt of financial rights at the time, there was no ability to pay interest as agreed upon to the victim or to repay the principal on the agreed date because the operation of the crowdfunding is difficult, such as filing a request for auction of the crowdfunding building.

Nevertheless, on June 23, 2009, the Defendant: (a) by deceiving the victim; (b) received from the victim, the amount of KRW 50 million from H’s account, the Defendant’s wife, to transfer the amount of KRW 50 million; and (c) received delivery of KRW 350 million with the checks and promissory notes on June 25, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. A protocol concerning the interrogation of the accused by the prosecution (two times, ..).