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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 18, 2016, the Defendant was sentenced to eight months of imprisonment for fraud in the Daejeon District Court's Incheon District Court's Branch on February 22, 2017, and the judgment became final and conclusive.
Criminal facts
Victim C ( South, 66 years old) is the owner of the land of 1,165 square meters (hereinafter referred to as “instant land”) located in Nam-gu, South-gu, Dong-gu, Chungcheongnam-gu.
1. On November 18, 2013, the Defendant related to the offer of collateral made it impossible to find out the trade name in the on-site around September 2013, 2013, the Defendant conducted a research for 4 years to commercialize the instant land to the victim, and as a result, purchased money in KRW 280,000,000 from the land. However, if the land was sold to the Plaintiff, the Defendant did not have any money. Accordingly, the Defendant lent money to the bond company on the high seas, and paid KRW 115,00,000,000,000 from the money, and paid KRW 16,5,000,000,000,000, the remaining money, regardless of whether to acquire the building permit for multi-family house, and at the same time transferred ownership by December 30, 2013.
However, at the time, the Defendant did not have basic business expenses, such as authorization and permission expenses, and the cost of securing access roads essential for obtaining permission to build multi-family houses on the instant land, and there was no specific funding plan. Therefore, even if the instant land was provided from the damaged party as collateral and borrowed money, there was no intent or ability to pay the balance to the victim as agreed upon.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the consent of the victim to offer the instant land as collateral from the victim; and (c) on November 18, 2013, the Defendant established the right to collateral by making the maximum amount of KRW 2662.5 million with respect to the instant land as the obligor, the Defendant, and the mortgagee E; (d) borrowed KRW 175 million from E; and (e) borrowed the amount from E as the land deposit, the Defendant paid each amount of KRW 10 million with the victim as the land deposit amount.