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A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, in collusion with B on April 2005, performed joint criminal conduct with B, at the E Licensed Real Estate Agent Office operated by the victim D on the first time on April 2005, the Defendant repaid to the victim the amount of KRW 36 million per month and at least KRW 500 million per annum if the amount of total sales right of fertilizers, which is scheduled to be imported from Japan, is transferred to Korea, to Korea. The Defendant paid KRW 14% of the company’s shares if it is invested in KRW 140 million, and KRW 60 million per month, and paid interest of KRW 100 million per month, and the remainder of KRW 40 million by October 27, 2005.”
However, the F does not have the intention or ability to return even if the F receives the investment money from the victim because the number of customers and the volume of exports are low in the establishment phase.
Around April 22, 2005, the Defendant conspired with B, by deceiving the victim, and then transferred KRW 100 million to the Jeju Bank account (G) in the name of the Defendant on or around April 22, 2005, and received KRW 40 million around April 27, 2005.
Accordingly, the defendant, in collusion with B, acquired 140 million won from the victim.
2. Around November 24, 2005, the Defendant presented a letter of delegation in the name of J, stating that “The Defendant would transfer the name of 33,06 square meters of forest land located in North Jeju-gun, North Jeju-do, in Jeju-do, the total purchase price of KRW 47 million.”
However, there was no intention or ability to transfer the ownership of the land even if the land was received money from the victim because the land ownerJ was delegated the sale of the land.
The Defendant, by deceiving the victim as above, received KRW 17 million from the father K of the victim as the money for the purchase and sale of land from the victim and acquired it by deception.
3. The case against the victim L.