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A defendant shall be punished by imprisonment for a term of one year and four months.
An applicant for compensation shall be dismissed.
Reasons
Criminal facts
【Criminal Force】 On June 13, 2007, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Suwon District Court, which became final and conclusive on June 21, 2007.
【Criminal Facts】
1. The Defendant is a person who has a mutual friendship as the university motive with F, a representative director of E, a stock company.
The Defendant was aware that E was promoting the waterway construction project in Malaysia, and was aware of the fact that the project funds were insufficient from F, and explained such circumstances to G who was aware of the fact that the project funds were insufficient.
G explained the same situation to the victim D around September 24, 2006, and the Defendant directly explained the victim in Ulsan, and around September 24, 2006, the Defendant concluded a contract for the participation of the cooperation company by the end of December 2006, stating that “H corporation operating the victim at the time of Malaysia will be allowed to participate as the cooperation company in the project of the Malaysia project. In order to participate in the project, H corporation should be registered in E. In this process, KRW 200 million is required. Upon deposit of KRW 200 million in the account into the account of the E corporation, H corporation will be registered and entered into a contract for the participation of the cooperation company by the end of December 2006.” If the contract is not concluded, it would be immediately returned.
However, in fact, the Defendant did not have the ability to have H Co., Ltd. operated by the victim participate as a cooperation company for the E Malaysia project, and only received an oral promise through the F, which was in her friendship with the victim. However, since the business promoted by the above E was in a state of little progress at the time when the victim remitted money to the victim, such as receiving orders only from the first patrolman on August 2010, the Defendant and the F were unable to enter into a contract for the victim’s participation in the partner company on December 2, 2006 as agreed by the Defendant, and even if such contract was not concluded, they would return KRW 200 million.