Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The Defendant, who actually operated the company C, was in the process of carrying out G construction projects in Gangwon-do, with D (one year and two years of suspended sentence of imprisonment with prison labor for the Incheon District Court on November 1, 2013), the representative director, and E (one year of imprisonment with prison labor for the Incheon District Court on January 23, 2014), a business director, and led the Defendant to supervise the said projects overall.
The Defendant explained the terms and conditions of investment, the purpose of use of investment funds, and methods of repayment to the victim H (the age of 41) who intends to invest in the above project differently from the facts, and conspired with the said D and E to acquire money from the victim as investment funds
On March 3, 2011, the above D and E, at the victim’s office located in the Nam-gu Incheon Metropolitan City I building 1.502, concluded an investment agreement with the victim, stating that “the entire amount of KRW 300 million shall be used as part of intermediate payment for the purchase and sale of land for business. The investment principal may be repaid after three months. The investment principal may be returned if the invested principal is recovered at least three months. In March 201, after obtaining permission for development activities on the land for business during the period of March 201, the project is applied to the forestry cooperative and the investment principal shall be paid.” The agreement was made with the victim and the investment principal to pay KRW 6.48 billion in the PF related to construction.”
However, the Defendant and D received 300 million won from the victim, among them, planned to use 50 million won as investment attraction fee, 150 million won as contract deposit for the purchase and sale of the land subject to business, 10 million won as contract deposit for the business, and 100 million won as the office operating fund, and there was no agreement with the Gangnam Forestry Cooperatives to obtain the loan of 6.48 billion won, and it was not possible to obtain the permission for development activities during March 201, and therefore, there was no intention or ability to return the investment money to the victim before and after three months after receiving the investment money.
The defendant, in collusion with D and E, induces the victim.