Defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

[criminal history] On September 27, 2013, the Defendant was sentenced to a suspended sentence of two years for the crime of breach of trust on October 10, 2013, and the said judgment became final and conclusive on October 5 of the same year.

[Criminal facts] 2014 Gohap 277

1. Around September 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) may obtain a large amount of profit if the Defendant invested the victim D in a business that develops the forest of 28,860 square meters in F, which is located in the G, E, E, as a mountainous district after obtaining permission to convert a mountainous district.

After soliciting investment, the victim on October 11, 2007 will be paid KRW 1.8 billion with the proceeds of investment if the investment is made in the above project.

Of the investment amount of KRW 80 million, KRW 500 million is paid to G as the actual right holder for the forest land, and it is used to take over all the rights owned by G, and the remainder is also used as costs related to the project.

“The purpose of “ was explained and entered into an investment arrangement with the victim.”

However, in fact, the Defendant was urged to pay the principal of the investment or the profits therefrom to several persons, including the victim, in relation to the development project of the forest and fields located in H, in the case of the foregoing.

In addition to the fact that a large amount of borrowed money was required to be repaid from the surrounding areas, so even if receiving the said investment money from the injured party, he/she did not have the intent or ability to use the investment money for the above business purpose, such as taking over all rights to the forest as above from G.

Nevertheless, the defendant deceivings the victim as above, and acquired it through a new bank account in the name of the defendant's mother-child I from the victim, through which the defendant acquired it by remitting the amount of KRW 650 million on October 11, 2007, KRW 150 million on October 24, 2007, KRW 80 million on October 24, 2007.

2. The Defendant, on December 2007, embezzled, is the Defendant’s non-permanent and non-permanent victim of the crime, Jinsung City, where E is promoting.