A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who acts as the B representative director of a corporation established for the purpose of rebuilding and reclaiming real estate from September 11, 2015.

On August 2, 2017, at the D coffee shop located in Seocho-gu Seoul Metropolitan Government on August 15:00, the Defendant received from the victim E the re-building implementation project “(PF) loan of KRW 12 billion (PF) from G to the victim so that the victim can purchase and reconstruct the 4-household lending, the Defendant would pay KRW 1 billion within 12 months after the commencement of the project, and thereafter transfer the ownership of lending and pay additional KRW 1.6 billion (1.6 billion). If the Defendant loans KRW 200 million to the victim for the re-building implementation project, the Defendant was provided from the victim as a loan.”

However, there was no selection of the contractor or 12 billion won loan from G with respect to the above reconstruction project, and the permission-granting authority for the above reconstruction project did not have concluded any agreement with H, and the defendant did not have the intent or ability to implement the above reconstruction project even with the consent of the victim, and the defendant did not have any intent or ability to repay the money even if it borrowed money from the victim due to financial difficulties such as the failure to fully repay the acquisition fund of the company B.

Ultimately, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness I and H;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A copy of the certificate and a copy of the joint business contract attached to the E's complaint and attachment;

1. Determination as to the assertion, etc. of the Defendant and his/her defense counsel, etc.

1. The argument.