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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant was a person who operated F Co., Ltd. F, a corporation mainly operating real estate and housing development projects.
On March 3, 2014, the Defendant had I and J from H hotel located in Gangnam-gu Seoul Metropolitan City H hotel around March 3, 2014, and the Defendant “L” company is the place where real estate development business is conducted, and is in charge of consultation and design related to construction as the vice president of L.
I is the vice-chairperson of L, and J is the head of L planning office.
L The F Co., Ltd., Ltd., which is operated in the Republic of Indonesia, jointly carries out a project in which 50,000 national housing households can be punished by 16 billion won (hereinafter “instant project”).
If the fee of KRW 20 million is paid to M who is running a business in Indonesia, M will receive KRW 25 billion and input KRW 5 billion out of it to the project in this case.
The Party stated to the effect that “I will give KRW 500 million to one month if I lend fee of KRW 220 million.”
However, the Defendant did not have any specific confirmation as to how the said M is able to receive 25 billion won investments, and the Defendant was planning to receive money from the injured party for another purpose, and the Defendant did not have any intent or ability to pay money to the injured party according to the agreement, as there was no investor who is able to receive money from the injured party.
Nevertheless, the Defendant deceiving the victim as above and transferred KRW 220 million to the bank account in the name of F Co., Ltd. around March 3, 2014.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Details of the recording of part of the witness I in the third public trial protocol, contents of the recording of the witness K in the fourth public trial protocol, and contents of the recording of part of the witness J in the fifth public trial protocol;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each police statement made to I and K;
1. The investigation report (a list of evidence);