Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Presumption Facts] The defendant is the actual operator of D Co., Ltd. who carries out apartment execution projects, real estate development and implementation projects, and the victim E is the representative director of G Co., Ltd. who is the F Multi-Family Housing developer and the landowner at the project site in Namyang-

Around October 2015, the Defendant and H decided to implement apartment business in the above F, and on November 4, 2015, upon entering into a financial advisory contract with an investment securities company, the Defendant and H immediately decided to raise the construction fund of 250 billion won or less from the financial institution arranged by the investment securities company to the financial institution organized by the investment securities company, on the condition that “10 billion won or less of the equity capital ratio shall be deposited in the Korea Asset Trust.” On December 2, 2015, the Defendant obtained the right to implement apartment business from the damaged party while the Defendant raised the said KRW 10 billion to implement apartment business.

[2] On December 15, 2015, the Defendant called “10 billion won check was cut” to the victim and called “on December 15, 2015,” and on December 22, 2015, through H, “10 billion won was prepared for the implementation of the apartment project, and KRW 50 million was needed.”

The amount of KRW 30 million shall be repaid within one month if the loan is made within the limit of KRW 30 million.

“A false representation was made.”

However, in fact, D Co., Ltd. established by the defendant did not enter into an apartment project implementation agreement with the victim and it was established around October 1, 2015, which was two months prior to the implementation of the apartment project. The defendant did not prepare 10 billion won necessary for the implementation of the project, and even if the defendant borrowed money from the damaged party as well as the fee necessary for the implementation of the project, it was planned to lend the above money to I who is the defendant's branch of the apartment project unrelated to the implementation of the above apartment project without fixing the due date. However, the above money has already been repaid, such as the credit rating reaches six grades.