A defendant shall be punished by imprisonment for a term of one year and ten months.

Punishment of the crime

1. On September 7, 2012, at the D office of the Defendant’s management company operated under the Yeongdeungpo-gu Seoul Metropolitan Government Section B building C, the Defendant said that “The business that manufactures livestock excreta as fuel is making profits, and the site of the business is prepared in west-gun, and all other preparations, such as livestock and excreta resource conversion technology, are being completed, if the funds for purchasing the site are created, the Defendant may complete the livestock excreta resource conversion facility until March 2013 and immediately make profits therefrom. In making an investment, the Defendant shall pay interest of 12% per annum before completion of the livestock excreta resource conversion facility, and upon completion of the construction, 10 million won shares and benefits per invested amount shall also be paid.”

However, at the time, the Defendant did not have any technology for converting livestock excreta into resources, and there was no specific plan for the progress of the project due to the fact that the site for the project was most important in the livestock excreta resource recycling facility, and there was no intention or ability to pay interest at 12% per annum on the completion or promise of the livestock excreta resource recycling facility until March 2013, even if the Defendant received investment funds from the victim due to active property or fixed profits.

As such, the Defendant, by deceiving the victim, transferred KRW 50 million to the national bank account under the name of the Defendant on September 11, 2012 from the victim, under the pretext of investment money, and acquired KRW 220 million in total by receiving KRW 50 million as the check on September 24, 2012, and acquired KRW 50 million on October 22, 2012, KRW 10 million as the check, and KRW 220 million as the national bank account on October 23, 2012.

2. On August 18, 2013, the defrauded of the borrowed money related to real estate development had become difficult to convert the victim E into resources of livestock excreta at the D office of the Defendant’s operation in the Seoul Young-gu Seoul Young-gu B building C, but two existing investments are collected by developing two sites purchased for this purpose.