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

Punishment of the crime

1. The Defendant, with respect to funds for a logistics complex development project, has planned to develop the logistics complex development project of Pyeongtaek-si D while operating the Company B from February 26, 2010 to December 1, 2015, and the Company C from January 19, 2017 to January 19, 2017.

On January 13, 2014, at the B office located in Pyeongtaek-si E, the Defendant made a false statement to the victim F that “When the Defendant is running a logistics complex development project in D, the Defendant would combine the principal and interest within 3-4 months and return 300 million won due to the lack of land purchase funds to two times or more by combining the principal and interest within 3-4 months. The principal amount shall be returned within 100 days, and the remainder of 300 million won shall be paid when the remainder of land is paid. It shall be paid to the construction site only if the Defendant supplies soil and sand generated in the course of development to the construction site.”

However, in fact, the Defendant did not have a regular income or property, and did not have the ability to conduct a large-scale logistics complex development project that requires million won due to the career in the real estate development project, and the Defendant could not obtain permission for development activities because it did not meet the urban planning ordinance standards, such as gradient and elevation. Since the Defendant was aware of this fact, even if he borrowed money from the victim, there was no intention or ability to pay more than twice the principal within a number of months.

Nevertheless, on January 13, 2014, the Defendant, by deceiving the victim, received KRW 300 million from the G Union account under the name of the Defendant, and by deceiving the victim with the same content, and by deceiving the victim, remitted KRW 300 million on April 16, 2014 and KRW 60 million on June 25, 2014 to the same account, and by deceiving the victim as a total of KRW 660 million from the victim.

2. On February 2014, the Defendant entered into a contract to purchase and sell land on a project site in relation to the instant logistics complex development project, and on February 2, 2014, the Defendant was the victim I, the co-owner of Pyeongtaek-si H land (hereinafter “the instant land”), the victim J, and the victim.