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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 201, at the coffee shop located in Songpa-gu Seoul Metropolitan Government, the Defendant made a false statement to the victim D that “The Defendant has the right to exploit tin acid in neighboring forests and fields where much quantity of earth and sand needs to be collected in the Saemangeum area. The cost of establishing a corporation for the development of tin acid enters 120 million won with the cost of establishing a corporation, etc., and 2/3 of the amount of 40 million won is to be borne by the domestic corporation, thereby making an investment of KRW 40 million with the investment of KRW 40,000,000,000 won.”
However, in fact, the defendant did not have the right to develop tiny forests and neighboring forests, and there was no right to develop Saemangeum-related development projects, so even if he received money from the victim as investment money, he did not have the intent or ability to place an order for authorization and permission and design services.
Around April 28, 2011, the Defendant received a total of 25 million won from the victim to the bank account (F) in the name of the Defendant’s wife, and 1 million won to the same account around May 30, 201, and acquired it by defraudation.
2. On June 17, 2011, the Defendant made a false statement to the victim D that “In order to obtain authorization and permission and design services, the Defendant would pay more money to the victim D as the payment key for the first 40 million won per annum. In the absence of money, the Defendant changed the nominal owner of the vehicle leased within the country to the name of the new company, and the monthly rent for each month will be paid.”
However, as above, the Defendant did not have the intent or ability to place an order for authorization and permission and design service to the victim, and there was no intention to pay the vehicle rent.
Around June 17, 2011, the Defendant changed the owner of the human vehicle lease contract with Hyundai Capital Co., Ltd. to (i)GG operated by the victim, and (ii) paid KRW 36,675,639 in total from that time until August 23, 2012.