A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, around July 9, 2008, at the office operated by the Defendant in Seoul E, on or before July 9, 2008, paid KRW 200 million to the Victim F, including the interest and profits of KRW 100 million until December 30, 2008, if the Defendant borrowed KRW 100 million as it is urgently required to start the development project on the land of 320,000 square meters from the racing city and to start the development project on the land of the apartment, commercial building, etc.

“A false representation was made.”

However, at the time, the defendant did not have obtained permission for real estate development from the racing city or promoted the construction project, such as apartment houses, and even if he borrowed money from the damaged party due to no particular property or profit, he did not have an intention or ability to repay

Around July 9, 2008, the Defendant deceivings the victim as above and transferred KRW 98 million to the national bank account in the name of the Defendant to the victim.

On January 18, 2008, the Defendant: “The Defendant, on January 18, 2015, set up a right to collateral security with the maximum amount of KRW 70 million for the new shares out of I I real estate in Ulsan-si, Ulsan-gu, Seoul-do, with a view to borrowing KRW 50 million to H in this paper; on the other hand, on January 18, 2008, the Defendant would pay money to H in advance and terminate the right to collateral security.

‘False speech' was made.

However, in fact, the Defendant had no specific income at the time and had no real asset value due to the establishment of the right to collateral security, and the Defendant had to pay interest equivalent to KRW 10 million every month because it had to pay for the obligation of 1 billion or more, such as bank obligations. Therefore, even if the victim had created the right to collateral security, the Defendant did not have any intent or ability to immediately repay the money borrowed to H and terminate the right to collateral security.

Nevertheless, the defendant, as such, belongs to the victim, and the victim is the same from the victim.

1.21. The ownership of 2/5 of the above real property is owned by the victim.