A defendant shall be punished by imprisonment for four years.

An applicant for compensation shall be dismissed.

Criminal facts

Around February 26, 2014, the Defendant was the actual operator of the F limited liability company, and around February 26, 2014, at the office of the said company located in Yeongdeungpo-gu Seoul Metropolitan Government, the distribution schedule was prepared with the victim H to the effect that “F limited liability company would receive dividends of KRW 200,851,598 in the procedure of the auction of the first real estate rent branch support for leisure district court,” and that “The creditors who have raised an objection to distribution have only one creditor, and even if the claim alleged by the party who has raised an objection to distribution is recognized as a approximately KRW 40,000,000,000,000 won, 163,369,698 won may be paid as dividends. The need to pay the said dividend claim is to transfer the said dividend claim to the effect that the lawsuit of demurrer to distribution may be concluded within three months. This is the same. Even if the lawsuit of demurrer to distribution has not been concluded within the said three months, the said claim will be returned at any time after three months.”

However, in fact, it is unclear at any time that three creditors who have raised an objection to the distribution in the above real estate auction procedure are entitled to receive dividends, and the above company operated by the defendant has not been able to settle the investment funds against the investors, and the defendant had no intention or ability to return the agreed money properly even if the victim requested redemption of the claim to be transferred after three months.

Nevertheless, the defendant deceivings the victim as above and acquired 140,000,000 won from the victim as a consideration for the transfer of dividend claim.

Around September 15, 2006, the injured party J created a collateral security equivalent to KRW 780,000,000 on the land owned by the injured party, E-si K-si and L/W, the maximum debt amount of which is KRW 780,000,000, around November 20, 2009. The above collateral security claim is the Gyeonggi Mutual Savings Bank Co., Ltd. on September 23, 2010.