A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 76] The Defendant stated, around June 2014, at the G office operated by the victim FF in Daegu-gu, Daegu-dong, that “it is insufficient funds to undertake the business of newly building and selling apartment units in the Chungcheongnam-dong, Chungcheongnam-do. If the Defendant borrowed the amount of KRW 300 million from KRW 200 million to KRW 300 million, the Defendant would make a half of the profit accrued from the loan received and the principal repaid and then sold in lots.”

However, in fact, the Defendant did not have the ability to obtain additional loans, and did not have the ability to raise additional costs necessary to carry out the said sales business, and had the intent to use the money received from the victim for personal purposes, so there was no intention or ability to pay the profit by paying the principal or generating sales profit even if he received the investment money from the victim.

Nevertheless, notwithstanding the above, the Defendant, by deceiving the victim as above, got the head of the Tong in the above G name that was deposited in the amount of KRW 250 million from the victim on June 27, 2014. Upon the victim’s request, the Defendant paid KRW 25 million to the victim and paid KRW 20 million to H as the introduction cost.

Accordingly, the Defendant, by deceiving the victim and being given the victim a delivery of KRW 250 million (=250 million - KRW 250 million - KRW 25 million - KRW 20 million) as investment money from the victim.

【2016 Highest 113】 On May 2015, 2015, the Defendant stated that “The Defendant would purchase and develop the land in the Chungcheongnam-dong, Chungcheongnam-dong, and would engage in the business of selling pents. If 100 million won is invested in the business of selling pents, the Defendant would sell the pents up to December 20, 2015 and pay KRW 200,000,000,000 won of the investment amount.”

However, at the time, the defendant received some of the investment money from the victim for personal purposes, and there was no property to proceed with the business and it is impossible to provide security.