A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the fraud as to C is acquitted.

Punishment of the crime

The Defendant, “2012 Highest 1943,” was a person working as a brokerage assistant at the E-real estate consulting office located in Ulsan-gu, Ulsan-gu, and on September 11, 2009, the Defendant, “In the event an article going beyond auction due to the failure to repay the loan to the customers of the Ulsan National Agricultural Cooperative, a loan manager within the country, H shall contact the victim F before the auction. He gains a profit of KRW 500,000,000 from one month when he sells the good in such article. He was already promised at the end of selling the article. If he borrowed KRW 50,000,000 to B through H’s agency, he would be able to gain a profit of KRW 5,00,000,000 per month.”

However, in fact, while the Defendant did not have any property, the Defendant borrowed money from the victim due to economic circumstances such as bearing a 1.7 billion won debt at a financial institution, etc., the Defendant did not have the intent or ability to repay the borrowed money. The said borrowed money used not to borrow money to purchase the auctioned goods, but to pay the existing principal and interest.

As such, the Defendant, by deceiving the above victim and deceiving him from the above victim to the account in the name of the defendant on the same day, acquired 50 million won under the name of the defendant.

around 10:00 on September 14, 2005, the Defendant stated that “If KRW 300 million is paid, the Defendant would purchase the part equivalent to KRW 300 million out of the part equivalent to K of 97,490 square meters of J-gu, Busan, Seo-gu, Busan, and sell the ownership transfer on November 30, 2005.”

However, the facts are as follows: on September 2, 2005, the Defendant entered into a sales contract with K to purchase 3.5 billion won out of the above forest land from K on September 2, 2005, and the Defendant should bear 1.7 billion won.