A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Punishment of the crime

On May 14, 2020, the Defendant was sentenced to imprisonment with prison labor for a crime at the Daejeon District Court on May 22, 2020, and the judgment became final and conclusive on May 22, 2020.

【Criminal Facts】

Around March 27, 2010, the Defendant, at the office of the Dispute Resolution Co., Ltd. run by the Defendant located in Dongjak-gu Seoul Metropolitan Government, stated that “In the case of paying KRW 50 million, the Defendant has the right to operate the said restaurant at E construction site. When paying KRW 50 million, the Defendant would operate the said restaurant. There are many people to enter the restaurant immediately and operate the restaurant at present. From April 2010, the Defendant may operate the restaurant from around April 1, 2010, and will enter into a contract with the representative director of the Dispute Resolution Co., Ltd., which would be KRW 50 million prior to the payment.”

However, at that time, the defendant did not receive a fixed amount of the operating right of the above construction site from the E in fact, and even if he received KRW 50 million from the victim, he did not have the intention or ability to allow the victim to operate the above cafeteria immediately.

Nevertheless, on March 27, 2010, the Defendant, by deceiving the victim, was paid KRW 10 million to the corporate bank account (F) with the Defendant’s name on March 27, 2010, and KRW 40 million to the same account on March 29, 2010.

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

around 13:00 on February 13, 2018, the Defendant stated to the effect that “The custody of KRW 20 million shall be returned to the victim H by paying KRW 20 million in the form of a down payment to reduce the I Civil Works Corporation in the form of the Redcheon-gun, Hongcheon-gun, Gangwon-do, without a framework,” and that “The full down payment shall be returned to March 30, 2018, when the progress of civil works is known, until March 30, 2018.”

However, in fact, whether the defendant can reduce civil engineering works to the victim because he was prepared to obtain the above I development permit.