A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

(State)The defendant is a director of C.

On February 2, 2012, the Defendant introduced a factory site to be received from the victim F in the Gyeonggi-gun “E” page, which is located in Gyeonggi-gun, and asked the victim F to introduce the factory site to receive, and the Defendant introduced the G factory, the Defendant stated to the effect that “In order to take over the I factory located in Gyeonggi-gun H from G with KRW 4 billion, KRW 300 million is necessary. The Defendant borrowed money from J. He borrowed money from KRW 300 million. Since FC house can be repaid and arranged within one month. As FC house can be used as a security, it would be possible for FC to use FC house as factory relocation cost and facility fund by providing money so that FC can operate the factory, and it would be possible to supply the household in the shopping mall of K.”

However, in fact, the above factory was transferred to Asian trust with the ownership of the factory site of KRW 2.3 billion, and was thought to be used for the normalization of the corporation or the purchase of equipment as part of the money borrowed from the victim's house as security, and even if the above factory was borrowed money with the victim's house as security because there was no additional fund to trade the above factory, there was no intention or ability to take over the factory to have the victim operate the factory or to provide financial support such as the relocation of the factory.

Nevertheless, around February 20, 2012, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to obtain profits equivalent to the above amount by registering the provisional registration right to L as a provisional registration right holder; and (c) paying KRW 300 million borrowed from J as a down payment to G by paying KRW 300 million as a down payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and M;

1. Statement made by the witness J in the third protocol of trial;

1. Detailed statement of savings deposit transactions, minutes of the board of directors' meeting, written agreement, factory sales contract (Evidence Nos. 6) and sales contract;