A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant, on August 24, 2009, borrowed money, may sell real estate to the victim C at the Saemaul Treasury 4 Dong-dong, Nam-gu, Incheon, Incheon, to the extent that the Defendant: (a) borrowed money to the victim C; and (b) as the Republic of Korea is real estate in the Incheon, the Defendant may sell the real estate to the victim.

The loan of KRW 100,000,000,000,000 per month between interest and the first four months, and 3 million won per month from the fifth month, and the principal shall be paid only for ten months.

“A false representation was made.”

However, in fact, the Defendant was thought to use a loan from the damaged party to repay the existing debt, and the Defendant did not have any intent or ability to repay the loan to the injured party, since he did not have any specific property at the time while paying the loan and the loan equivalent to KRW 600,000 per month with the interest of KRW 60,000 or more as a monthly interest and the loan was incurred due to the loan from the damaged party.

Nevertheless, the Defendant received KRW 20 million from the injured party’s account in the name of the Defendant (F) on August 24, 2009, and KRW 80 million on August 26, 2009, from the injured party, and acquired KRW 100 million in total as the borrowed money.

2. 분양권 사기 피고인은 2010. 1. 26. 경 인천 남동구 중 안 6 동 소재 노상에서, 피해자 C에게 “8,000 만 원에 인천 청 라지구 아파트 분양권을 살 수 있는데, 언니가 5,000만 원을 내고, 나머지 3,000만 원은 내가 보탤 테니, 전에 언니에게 빌린 1억 원을 일부 갚는 것으로 치자. 나에게 5,000만 원만 주면, 분양권을 사서 3개월 안에 프리미엄을 붙여 되팔아 1,000만 원 내지 2,000만 원을 벌 수 있게 해 주겠다.

“A false representation was made.”

However, in fact, the defendant was thought that he/she would receive KRW 50 million from the injured party to use it to repay other debts, and he/she did not have an intention or ability to purchase apartment sales tickets within three months or sell them to other persons to make profits from the market price.

Nevertheless, the defendant is identical to the injured party.