A defendant shall be punished by imprisonment for four years.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

[2014 Highest 2624] The Defendant did not have worked in the attorney-at-law office from the end of 2004, and did not have been engaged in the business related to the auction of real estate. However, the Defendant was willing to receive money from the victims by deceiving the victims as if he could have engaged in the business related to the auction of real estate and sold the real estate acquired through auction and gain a large profit.

1. On September 2005, the criminal defendant against the victim C had no intent or ability to use the victim's investment money for auction business, and despite the absence of any intention or ability to repay or redeem it, he/she deceivings the victim as "the defendant is working in the attorney-at-law office, and he/she needs to pay high profits if he/she makes an investment at this time," and he/she received 17 million won from the victim as the proceeds of investment in auction business from around October 4, 2005 to August 24, 2009, and was transferred 45 times in total from around 128,285,000 won to the account in the name of the defendant and his/her wife from around October 4, 2005.

2. Frauding the victim E, forging an official document, or uttering a forged official document;

A. On November 28, 2007, the Defendant: (a) by deceiving the victim E through a private village F to the effect that “it is engaged in real estate auction business at the attorney’s office, and may obtain a large profit margin if it is invested; (b) the Defendant was transferred from the victim to the Defendant’s account under the name of the Defendant on November 28, 2007, under the pretext of an investment in auction business.”

B. On December 31, 2008, the Defendant did not have received an apartment auction with the said investment deposit.