A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[criminal power] On December 14, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of six months, which was sentenced to a suspended sentence of two years, in the Suwon District Court, for fraud. On December 22, 2017, the said judgment became final and conclusive.

【Criminal Facts】

The Defendant is the representative director of the Real Estate Development Business Co., Ltd., B and C Co., Ltd., and the agricultural company was unable to construct and sell houses, and thus was unable to obtain permission or building permission to construct pension in the name of the above agricultural company C, and there was no fund to construct pension. Therefore, even if having received money as the price for selling pension, there was no intention or ability to sell pension in the name of the above agricultural company.

On December 18, 2014, the Defendant: (a) on December 18, 2014, the victim F, who newly joined the employees of the said Company D and E offices, owned the land in Pyeongtaek-gun G G G in Gangwon-do, and the said C company was prepared to build and sell 100,000,000 won for each bond; and (b) on February 4, 2015, the Defendant received 10,000,000 won as the down payment for the same day through the corporate bank account in the above B’s name; and (c) received 40,000,000 won as the intermediate payment on February 24, 2015, through the account in the above name, and acquired 10,000,000 won as the total account in the above name of C bank and acquired 10,000,000 won as the account in the above name of C bank.

Summary of Evidence

1. The defendant's partial statement, and the witness F's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A certificate of investment by associate members, attached contract, and full certificate of registered matters;

1. Details of account transfer; and

1. Statement on the details of transactions of entry and departure, the results of the investigation, and the statement on the details of entry and departure transactions;

1. Investigation report (receiving an examination of the Director of the Ministry of Agriculture, Food and Rural Affairs), sending investigation data (related to planned real estate), and fact-finding survey of agricultural corporations in 2016.