The defendant is a person who has been engaged in a business of selling a charnel house in the trade name of corporation B around 2007.

On April 17, 2007, the Defendant made a false statement that “10 million won is returned after one year from the pre-payment of the deposit to the victim F through B E at the 2nd class restaurant near the D History Book located in Seongbuk-gu Seoul Metropolitan Government, the Defendant would give 10% of the profit accrued from the pre-payment of KRW 100 million to the victim F through B’s employees E.

However, in promoting a charnel project, the Defendant failed to secure the ownership of the said G land necessary for the said project by lawful means, and the Defendant did not have any intent or ability to implement the terms of the investment agreement even if attracting investment funds, as it is highly likely to have disputes over the establishment of a charnel house and the promotion of the sale project.

The defendant was issued 10 million won a total of 10 million won cashier's checks from the victim under the name of the same day of investment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement concerning F;

1. A specification of transactions receipt;

1. A contract on vicarious sale of buildings in units, a contract for extension of sale and a letter of undertaking;

1. Notarial deeds of bills;

1. A complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

1. It is so decided as per Disposition on the grounds of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment or heavier

Reasons for sentencing

1. Scope of punishment by law: -10 years;

2. Scope of the recommended punishment according to the sentencing guidelines [type] Sentencing for fraudulent crimes, 100 million won or more, and less than 500 million won (type 2] - one year - four years (basic area);

3. Even if the defendant who was sentenced to a sentence attracts investment money from the victim, he shall obtain a large amount of money through the same method as the criminal facts in the judgment, although he/she does not have an intent or ability to understand the contents of the investment agreement, and