A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the fraud on November 23, 2009 is acquitted.

Punishment of the crime

1. On June 2008, the Defendant, who acquired the purchase price of KRW 80 million, made a false statement to the victim E, as if he/she purchased a certificate of right (hereinafter referred to as “refluence sheet”) from the D Real Estate Office operated by the Defendant located in Eunpyeong-gu Seoul Metropolitan Government on or around June 2008.

However, the defendant did not have any intent or ability to purchase a certificate of right even if he receives money from the victim for the purpose of the purchase price for the certificate of right for the land substitution for Eunpyeong New Town.

Nevertheless, on June 25, 2008, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim for the purchase price in Chapter II of the certificate of right from the victim, and acquired it by remitting KRW 80 million through three times until July 23, 2008, as shown in the attached Table No. 1-3.

2. Around June 2008, the defrauded by fraud, who is a F real estate investment fund of KRW 13 million, made a false statement to the victim, stating, “The Defendant would create a right to collateral security of KRW 200 million on the land in question, with an investment of KRW 13 billion, in the D real estate office operated by the Defendant, and with an investment of KRW 14,00,000,000,000,000,000,000 won.”

However, even if the defendant received money from the victim as the source of investment in the above real estate, he did not have the intention or ability to return the investment.

As above, the Defendant, by deceiving the victim as above, received 9.8 million won from the victim as the Defendant’s agricultural bank account on June 14, 2008, under the pretext of its investment, from the victim, and transferred 1.3 million won in total over 15 times until December 30, 2008, as shown in [Attachment] List 4.-18.