A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

around May 3, 2011, the Defendant is the representative director of the construction-related company “A Co., Ltd. established for the purpose of the sale of housing, etc.” in the 212-dong, Seo-gu, Busan Metropolitan City Building B, and the victim E becomes aware of the Defendant in relation to the right to operate the restaurant within the “Yancheon District Urban Development Project”, implemented by the “Yannam City Development Project Association” through her husband-friendly job offering F. The victim E became aware of the right to operate the restaurant.

The above D operated by the defendant has no business performance or sales as a newly established corporation, and there is no possibility of being selected as a project implementer or an execution agent in connection with the above urban development zone project, and even if the defendant receives money from the victim due to approximately KRW 100 million of his personal debt, he did not have the intention or ability to reduce the restaurant related to the above urban development zone project.

Nevertheless, around October 11, 2012, the Defendant made a false statement to the victim that “The Defendant will hold all the right to operate a restaurant by commencing civil engineering works from the end of October 2012 until the completion of the construction work, to the end of October 2012, 2012, by entering the apartment complex with 200,000 square meters in size and 5,600 households in Jeju-Nam Kim Yong-Nam,” which is scheduled to enter the apartment complex with 300 million won in the name of the premium.”

However, even if the defendant received KRW 300 million from the victim, the defendant did not have the intention or ability to allow the victim to operate the restaurant as above.

As above, the Defendant deceiving the victim and received 30 million won from the victim to the Busan Bank account (G) in the name of the Defendant on the same day for the premium for the operation of the restaurant on the same day from the victim, and from November 14, 2012, from that time, 300,000 won in total under the same name until November 13, 2012, as shown in the attached list of crimes.