A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 2007, the Defendant became aware of C around July 2007 that C acquired D Co., Ltd. and sought to carry out the sale of building in Seoul Special Metropolitan City, Nowon-gu E Co., Ltd. (hereinafter “instant project”).

The Defendant did not make an investment in order to accept D around January 2008, and paid KRW 200 million to F, the actual operator of D, and there was no authority to do so with respect to the said sales business. Even if the Defendant received money from the victim G and H, it used it as D acceptance fund, or used it as funds necessary for the said building sales business, and did not have the intent or ability to act as an agent for the victims, or to sell the said building.

Nevertheless, on January 2008, the Defendant made a false statement to the victims in Nowon-gu in Seoul Special Metropolitan City, stating that “The Defendant acquired D Co., Ltd., and tried to build buildings in Seoul Special Metropolitan City, Nowon-gu E., Seoul Special Metropolitan City. It additionally requires KRW 200 million due to the project progress cost, advertising cost, and business operation expenses, but it is additionally necessary that KRW 200 million will be transferred to the sales deposit, and when the period of the sales agency expires, KRW 200 million will be converted to the sales payment.”

Around January 28, 2008, the Defendant prepared a sales agency contract and a real estate sales contract with the victims, and acquired a total of KRW 90 million from the victim H to the passbook in the name of the defendant under the name of the victim for the purpose of the sales agency contract and the sales price, with the head of the Tong under the name of the victim for the purpose of the sales agency contract and the sales price. The Defendant received the total of KRW 190 million from the victim H on February 28, 2008, KRW 60 million from the victim G on March 12, 2008, KRW 20 million on March 12, 2008, and KRW 10 million on May 7, 2008.

Summary of Evidence

1. Each legal statement of the witness H and G;

1. Each protocol concerning the examination of the accused by the prosecution (including each statement of H and G among them);

1. Protocol of the police statement concerning G;

1. A copy of each passbook (No. 10, 18), a sales agency contract, a real estate sales contract, and 1.1.