A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is the representative director of the CC who conducts a holiday business.

1. Fraud against victim D;

A. On June 2015, the Defendant, at a restaurant located in the subordinate district of the Seojin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), uses the victim the amount of KRW 50 million to alter the design, to make the PT, to use the amount of KRW 10 million to cancel the right to collateral security established on the land owned by the C (State).

The security section (State) sets up a first priority mortgage on the land owned by C, and allocates 5% of the shares of C to the public (State) and the profits accruing from the public (State)C in the future, in accordance with its shares.

In addition, the principal of the investment will be returned if a talked in advance before the minimum month.

‘False speech' was made.

However, at the time, the Defendant was trying to receive money from the injured party equivalent to KRW 100 million, and used most of them to repay his/her debt, and there was no intention or ability to set up the first priority right because the second priority right has already been established on the land owned by C.

As above, the Defendant: (a) by deceiving the victim; and (b) received from the victim, the total sum of KRW 18 million from July 10, 2015, around July 13, 2015, KRW 17 million from July 13, 2015, KRW 5 million from July 30, 2015, and KRW 10 million from August 13, 2015, including KRW 50 million from July 30, 2015.

B. On November 3, 2015, the Defendant is obliged to pay money to the victim, on the grounds that the second priority collective security holder of the land owned by the Defendant, “(ju)”, the second priority collective security holder of the land owned by the Defendant, on November 3, 2015, is in need of money in the middle order of 2015.

The loan of KRW 100 million is to pay the debt to the second-class mortgagee and to pay KRW 100 million to the construction cost that will be paid first on December 2015 by the end of November 2015.

Interest shall be paid at 25% per annum.

‘False speech' was made.

However, in fact, the defendant has lent money from the damaged party equivalent to the total amount of debt at the time.