A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant is a person who has been in charge of the attracting of investors in D Co., Ltd. that carries out real estate development, implementation, sales agency, etc. in the second floor of Gwangju Mine-gu.

The Defendant, along with the above D’s development site E, real estate broker F, real estate development business operator G, etc. from May 8, 2012 to June 15, 2012, offered to the victim H, I, J, and K that “if he/she has invested money, he/she would sell Incheon Nam-gu Ltel from June 10, 2012,” and received KRW 50 million each from the victim H, J, the victim I, and K each of them as investment money, but did not sell the above officetels.

However, around June 16, 2012, the Defendant, at the “N Licensed Real Estate Agent Office” located in Seo-gu, Seo-gu, Gwangju Metropolitan City, 119 Dong 110, stated that “In order to implement the contract in accordance with the above Ltel investment agreement, the Defendant borrowed KRW 20 million as advertising and publicity for the sale of officetels and other activity expenses are required.”

However, even if the defendant borrowed money from the victims, it was thought that it was used for personal purposes rather than for the activity expenses for the sale of officetels.

As above, the Defendant, by deceiving the victims, received KRW 5 million from the victim J on June 19, 2012, KRW 5 million from the victim H on June 20, 2012, KRW 3 million from the victim K on June 20, 2012, and KRW 5 million from the victim K on June 20, 2012, and KRW 5 million from the victim I to the F account on June 21, 2012, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Statement of the police officer made to H, K, J, and I;

1. Each letter of certification;

1. Application of the statutes on details of the NongHyup Account Transactions and details of passbook Transactions;

1. The facts of the crime committed by each of Article 347 (1) of the Criminal Code, and the defendant did not agree with the victims.