A defendant shall be punished by imprisonment for four months.

The defendant shall pay 50 million won to the applicant for compensation. The above compensation order shall be issued.

Punishment of the crime

To the extent that it does not interfere with the defendant's exercise of defense, part of criminal facts were revised.

[Criminal record] On September 11, 2015, the Defendant was sentenced to imprisonment with prison labor and two months at the Incheon District Court for fraud, and the above judgment was finalized on November 9, 2015.

[Criminal facts] On August 11, 2012, the Defendant is urgently required to permit the completion of F apartment constructed in Incheon Southern-gu E and one parcel from the public notice tele-sale office located in Nam-gu Incheon Metropolitan City D to the victim of friendship C.

The F apartment is sold in lots for two months after the loan of KRW 50,000,000 to the sale contract for one household of the F apartment.

“A false statement was made to the effect that it was “.”

However, on June 3, 2011, the Defendant was in default of the payment of the loan of KRW 100 million to the Sungwon-dong, Jung-gu, Incheon. On March 26, 2012, the Defendant was in bad credit standing because it was unable to repay the debt equivalent to KRW 350 million to the Taesung-dong, such as delinquency in the payment of the loan amounting to KRW 10 million, around April 13, 2012.

In addition, with respect to the above F apartment site, the defendant set up a right to collateral security of KRW 1.272 billion in total for creditors' credit cooperatives, G, H, I, and J, etc. on the above F apartment site. However, since the above F apartment site did not have any specific property to repay the debt to each of the above creditors and cancel each of the above right to collateral security, it was impossible for the above F apartment site to properly sell it, there was no intention or ability to pay the principal and interest to the victim.

Nevertheless, the defendant deceivings the victim as above and acquired it from the victim to the Agricultural Cooperative Account in the name of the defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A copy of a contract for sale in lots, a letter of performance, a statement of entry and exit, and an advertisement for sale in F apartment units;