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A defendant shall be punished by imprisonment for three years.
Reasons
Criminal facts
[2018 Highest 3658] The Defendant is a person who has received an investment from students and made an investment in auction in the C office located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.
On March 3, 2015, the Defendant made a false statement to the victim D, stating that “The date of sale would be the date of acquisition and normalization of the insolvent apartment in the regular Eup by acquiring it. If an investment of KRW 100 million is made, 40% profit would be distributed and KRW 40 million would be paid on September 30, 2015.”
However, on December 11, 2014, the Defendant invested KRW 100 million in the name of the victim to invest in the pet apartment house located in the ceiling, but used it as an auction deposit and other investors' earnings. On January 2015, the Defendant incurred investment loss equivalent to KRW 5-600 million in relation to the investment case in the tent apartment house.
In addition, around January 16, 2015, the defendant, who was the representative director, entered into a financial advisory agreement on the condition that the defendant and I additionally receive advisory fees of KRW 300 million from G, while lending KRW 300 million to G in relation to the "F and five lot ground apartment construction projects" in the name of "E (E") in the name of "F and five lot apartment construction projects" (H; hereinafter referred to as "G").
However, the construction site of the above Jung-Eup apartment complex was not developed after the full suspension of the business due to the lack of funds by the KJ in 2003, and G was in the process of preparing to take over the place of business from the J of the company in charge of the construction site of the above Jung-Eup apartment complex due to the lack of capital, and due to the lack of funds, G was in the process of making a preparation to take over the place of business from the J of the company in charge of the construction site of the above Jung-Eup apartment complex. Since the financial advisory contract, there was no fact that the Defendant had properly implemented the financial advice for the PF loan to G, and the representative of G had already been in the process of making a separate fraud.