A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 193,100,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

The defendant is the representative director of C, and the defendant's father D is the actual operator of the above company.

Around November 2014, when there is no property and there is no certain income, the Defendant and D conspired with the Defendant to obtain money from the victim B under the pretext of the building material sales contract deposit, loan money, etc., as there is a lack of funds in purchasing the apartment located in the interesting district at the time of the Defendant’s marriage and the Defendant’s new marriage house.

1. Around December 1, 2014, the Defendant, who is a total sales price of building materials in Seoul and Gyeonggi-si area, said that at the above company office located in Seocho-gu Seoul, Seoul, the Defendant, along with D, the said company office, “The Defendant has a patent technology to make eco-friendly building materials using rice straw, etc., and the building site is already secured and paid 180,000 won as down payment. All agents in the Seoul and Gyeonggi-do area are supplied through the total board and can be seen as having a stude amount of KRW 2,00 won per 1,50,000 monthly revenues. The total sales price in Seoul and Gyeonggi-do area may be KRW 1,50,000,000. First, 30,0000 won of down payment is to grant the total sales right.”

However, the Defendant and D thought that they would use the money received from the victim as the down payment of apartment buildings for the Defendant to purchase, and the fact that they did not have secured the funds, facilities, and factory sites to manufacture and sell the building materials at the time. Therefore, even if the victim grants the total right to purchase the building materials in Seoul and Gyeonggi area, there was no intention or ability to use it to make the above profits.

The Defendant, in collusion with D, by deceiving the victim as above, received money KRW 30 million in the name of the contract deposit from the national bank account under the name of the said company on the same day.

2. The Defendant and D, on the pretext of the borrowed money, did not have any specific property around December 2014 and did not have any profit. The Defendant and D, on the pretext of the borrowed money, was the victim.