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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2015 Highest 1727]
1. Fraud;
A. On January 2010, the Defendant paid off bonds up to March 31, 2010 to the victim D, who was aware of the trade name in Eunpyeong-gu Seoul Metropolitan Government, at a restaurant where it is impossible to know about the trade name in Eunpyeong-gu around January 2010, with the intention of allowing the Defendant to borrow money from the bond company as collateral, to the victim D who was aware of the trade name in Eunpyeong-gu, Seoul.
It is expected that 100 million won will be paid to the intermediary fee.
“.......”
However, the Defendant did not have any intent or ability to pay the victim’s land even if he borrowed money from the bond company as collateral because the Defendant did not have any specific property at the time and did not receive brokerage commission.
Nevertheless, the Defendant, as seen above, had the victim F as a collateral of the victim’s land of Soyang-gu E which is owned by the victim, provided the victim’s credit service provider F with the land of Soyang-gu E which is owned by the victim, and received KRW 225 million from F and acquired financial profits equivalent to the same amount.
B. On February 2010, the Defendant: (a) extended KRW 90 million on behalf of the Plaintiff at the original agricultural meal place located in Gyeyang-gu Mealdong in Gyeyang-gu, Gyeyang-gu; and (b) paid KRW 60 million on behalf of the Plaintiff at the KRW 150 million on behalf of the Plaintiff; and (c) paid KRW 60 million on behalf of the Plaintiff at the KRW 150 million on behalf of the Plaintiff; and (d) granted a loan on the G land owned by the Defendant as security after lending and using the land within the limit of KRW 60 million.
“.......”
However, while the Defendant did not have any particular income or assets as at the time, the Defendant did not only up to KRW 450,000,000,000, but also did not receive money from the injured party, such as the state that he did not receive the transfer of ownership, but only he thought to use the G land, and did not intend to pay the registration tax imposed on behalf of the injured party or to pay the money from the injured party by borrowing the land as security.
Nevertheless, the defendant is above.