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1. The defendant shall be punished by imprisonment for three years;
2. The Defendant is the applicant for compensation of KRW 14,850,00 and the applicant for compensation.
Reasons
Punishment of the crime
1. Around October 2008, the Defendant made a false statement to the victim E at a G hotel located in the Gangnam-gu Seoul Metropolitan Government F, stating that “I, J, K, L, and L’s land and building located in the Republic of Korea, which is the ownership of H, is promoting projects that take over the land and building of the Gangseo-gu Seoul, Gangseo-gu I, J, K, and L’s land and building, and was granted the right to preferentially purchase the said real estate. Depositing KRW 500 million as money necessary for the purchase of real estate, the Defendant would have a joint business operator participate in the acquisition project.”
However, there was no intention or ability to undertake the real estate development project even if the victim received the investment money from the victim.
Around March 6, 2009, the Defendant, by deceiving the victim E as such, received a total of KRW 200 million on two occasions in the form of a deposit account (M) in the daily bank (M) in the name of the Defendant from the victim, and acquired a total of KRW 540 million on six occasions from March 6, 2009 to March 27, 2009, as shown in the attached list of crimes.
2. Fraud against the victim C [2014 Gohap91] The Defendant, a person who actually runs a N Co., Ltd., was implementing the Electric Source Housing Development Corporation on the land of Gwangju City owned by the Company.
On January 21, 2013, the Defendant posted a telephone to the victim C, and made a false statement to the effect that “The Defendant would pay rent to the victim as at the end of the lease period on the leased site for one month from the leased site.”
However, in real land, the right to collateral security equivalent to 1.1 billion won was established, and no money was paid from investors, making it impossible to proceed with the construction without borrowing the money. At the time, the investor did not have the property owned by the defendant in the absence of the property owned by the defendant.