A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than eight months for a crime of No. 2 as decided by the court below.

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to a suspended sentence of ten months for attempted fraud, etc. at the Busan District Court, and the judgment became final and conclusive on September 24, 2013.

The Defendant lent KRW 24 billion to the victim B, who carries out a real estate development project from around 2005 to 2008, as security of real estate, and received the principal and interest at 24% per annum, and made an investment in real estate development through the victim by paying money to the victim.

1. The Defendant, around January 2012, lent KRW 200 million to the Defendant, who was located in the jurisdiction of the Defendant’s office located in Busan Dong-gu, Busan, to the extent that the Defendant borrowed KRW 47,00,000 necessary for the civil engineering work of the land adjacent to the Gyeongnam-gu, Busan, and additionally lent KRW 20,000,000 to the defective victim.

“A false representation was made.”

However, in fact, when considering the interest on the loan that the Defendant lent to the victim from around 2005 to around 2008, there is a lack of security for the claim, and around February 3, 201, the Defendant created an additional collateral on the real estate in the name of the victim, the mother D of the victim, the victim's speech D, the victim's child, and the victim's birth F. Since then, the Defendant did not intend to additionally lend KRW 200 million to the defective victim in order not to provide additional collateral, and there was no intention to lend KRW 200 million as the victim promised even if the victim intended to set up the collateral.

On January 26, 2012, the Defendant: (a) by deceiving the victim; (b) obtained the victim’s right to collateral security of KRW 100 million with the maximum amount of KRW 100 million with the maximum amount of KRW 100 million with the amount of KRW 100 million with the amount of KRW 100 million with the amount of KRW 100 million with the amount of KRW 100 million with the amount of KRW 1,151 square meters with the victim’s loan around January 30, 2012; and (c) had the victim set up a collateral security of KRW 200 million with the maximum amount of claims in the amount of KRW 1,151 square meters with the victim’s loan in the name of the victim.

2. The Defendant, around October 2013, under the name of the said F in the Jinwon District Court, located in Jinan-dong, Chungcheongnam-si, Jin-si, Jin-si, Jin-si, and the circumstances mentioned in the preceding paragraph.