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

On March 2, 2018, at the Defendant’s office located in the Yeongdeungpo-gu Seoul Metropolitan Government B building C, the Defendant made a false statement to the effect that, “If the Defendant lends part (a approximately KRW 1.8 billion) of the balance necessary for the bid of the real estate on the land other than 11, the Defendant would obtain the ownership of the real estate and immediately repay the remainder of KRW 800 million within 3 to 5 days after obtaining the ownership of the real estate. In addition, the Defendant would set up a third priority collective security right on the said real estate as security on the loan money, and would make a pledge right on the right to benefit of KRW 15 billion related to the construction of new apartment in the Gyeongbuk-gu, Seoul Metropolitan Government, where the Management Committee is proceeding.”

However, even if the defendant borrowed money from the victims, the defendant did not have the intention or ability to repay the money on the date of the promise, and there was no intention or ability to set up the third priority mortgage on the above real estate or to provide the right to benefit related to the new apartment construction project in Gyeongbuk-gu.

Around March 2, 2018, the Defendant, by deceiving the victims as above, had them pay 184,792,490 won to the victims. Around March 2, 2018, the Defendant transferred 1,565,614,035 won to the Hbank account of the KABBBBB, and around March 5, 2018, he/she acquired property profits equivalent to KRW 1,820,406,525 in total, by letting the victims transfer 70 million to the IF account of the KABBBB.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Witnesses D and E's respective legal statements;

1. Deposit transaction statement (Evidence No. 2), joint business agreement, deposit transaction statement (Evidence No. 5), data related to the amount of tax payable and funds, arrangement of business expenses for the construction of Seosan NF, usage of business trips, fire safety control agency contract, entry and exit transaction details (Design Expense No. 14), lease profits of the commercial buildings in Seosan (Evidence 16 No. 16), electricity fee (use period between March 1 and June 12), etc.