A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant of criminal records was sentenced on November 6, 2008 to two years and six months of imprisonment with prison labor by the Jeju District Court for the crime of attempted fraud, etc. and the above judgment became final and conclusive on June 5, 2009.

Criminal facts

The defendant purchased real estate owned by another person offered as security with a bank, etc. on the condition that he/she succeeds to his/her obligation, and created or resells funds with additional loans as security, thereby leaving profits therefrom.

On September 2, 2006, the Defendant purchased three parcels of land, such as E, F, and G, (hereinafter “instant real estate”) from the victim D at the hotel coffee shop where it is impossible to know the trade name that is linked at Jeju, from the victim D, at the hotel coffee shop, the down payment of KRW 50 million, intermediate payment of KRW 450 million, and the balance of KRW 168 million, and KRW 68 million,000,000,000,000; the intermediate payment of KRW 68,000,000,000,000,000; and the part payment of the instant real estate as collateral, concluded a real estate sales contract with the payment of the balance by December 22, 206.

However, at the time of fact, the Defendant did not have any particular property or income, and since from around 2004, from around 1 billion won, the bad credit standing has continued to exist, and in particular, he was urged by the obligee H to pay the debt equivalent to KRW 245 million, and there was no intention or ability to pay the balance even if the real estate was purchased.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim enter into a real estate sales contract. At that time, the Defendant paid 10 million won to the victim as down payment, and borrowed 620 million won from the Bank on October 9, 2006 the real estate as collateral and repaid 456,558,904 won out of the above loans to the Jeju Livestock Cooperative, which was established on the instant real estate, to the creditor of the victim, and cancelled the registration of the establishment of the real estate in the name of the Jeju Livestock Cooperative, which was established on the instant real estate. The Defendant issued 69 million won as part payment to the victim and issued the ownership of the said real estate on the same day.