A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

Criminal facts

On November 14, 2003, the Daejeon High Court sentenced the defendant to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and passed on February 29, 2008, and the parole period was expired on March 25, 2008. On September 27, 2012, the Suwon District Court sentenced the defendant to six months of imprisonment for a crime of fraud at the Suwon District Court, which became final and conclusive by the Supreme Court on November 30, 2012.

Around June 2, 2009, the Defendant loaned KRW 110 million from the victim on June 19, 2009 to the victim D, “B shall pay the proceeds from the real estate auction if he/she lends money to the expert, including the interest of KRW 10 million on June 19, 2009.” On July 3, 2009, the Defendant lent KRW 110 million from the victim to the victim on June 11, 2009, and lent KRW 10 million from the victim on June 22, 2009.

Around June 26, 2009, the Defendant stated that “Around June 26, 2009, the Defendant was the victim with good goods for auction, which would be a large amount of money that would be transferred to others. If a KRW 100 million is lent, the Defendant would have repaid the amount without any mold, including interest at least 10 percent, within 10 days or at least 15 days at the latest.”

However, on June 24, 2009, the Defendant agreed to purchase the building and site of the middle restaurant “F” in Mapo-gu Seoul Metropolitan Government, and entered into a contract with the appraisal price of the above real estate through loan brokerage brok to receive a loan from the savings bank in full, and paid the loan amount of KRW 30 million and KRW 200 million with the loan borrowed from another person, such as the victim, etc., by borrowing money from the savings bank, etc., and did not have any intent or ability to complete the loan even if he/she borrows money from the victim because there was no specific property, such as having no own fund, etc. at the time of borrowing money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the foreign exchange bank account in the name of G used by the Defendant on June 26, 2009.