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

Punishment of the crime

1. On April 2014, the Defendant intended to change the victim E’s brand from “D self-help points” in the Defendant’s operation of the Defendant located in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City building 104 to “G,” a personal brand, i.e., the Defendant’s brand of the current B & B and the fact that the wife F is in operation. If an investment of KRW 100 million in this project is made, the principal shall be repaid within six months and 2% per month shall be paid.

“.....”

However, in fact, the Defendant did not have an intent or ability to repay the principal and profits of the investment, such as (i) an investment of KRW 300 million in full from H and (ii) an investment of KRW 150 million in total; (iii) an investment of KRW 150 million from I and J; and (iv) an agreement to pay KRW 150 million in full to J, but (iii) an investment of KRW 30% in total; and (iv) an investment of KRW 15% in financial aggravation; and (v) an investment of KRW 15% in total, the Defendant did not have an intent or ability to repay the principal and profits of the investment to the said investors at the time of financial aggravation. However, even though the Defendant did not notify the victim of the structure of the shares of Kim F&D, the Defendant did not seem to have been able to refund KRW 100 million to the victim within six months and guarantee

Around April 3, 2014, the Defendant deceiving the victim as above and transferred KRW 100 million to one bank account (K) in the name of the Defendant’s wife around April 3, 2014.

2. The Defendant, at around June 2014, paid the victim described in the preceding paragraph “G diving Store” located in Songpa-gu Seoul Metropolitan Government L around June, 2014, the Defendant paid the principal and 2% per month by repaying the principal to the end of the end of 2014, as it is necessary to make an additional investment of KRW 100 million.

“.....”

However, the Defendant had no intent or ability to repay the principal and profit of investment even if he received the investment money from the victimized party, as stated in the preceding paragraph, and has the intention to use the investment money received from the victimized party as gambling money.