A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[criminal history] On October 21, 2016, the Defendant was sentenced to a suspended sentence of two years in October 21, 2016 to imprisonment with labor for a violation of road traffic law (dacting driving) at the Changwon District Court’s branch, and the said judgment became final and conclusive on October 29, 2016.

[2] On March 2016, the Defendant purchased the forest land E and newly built the house for all of the victims (hereinafter “the instant house construction”) in the office of a dispute resolution council office for the operation of the Defendant, which is located in the Si-si B around March 2016.

The purport was that if an investment of KRW 348 million is made, 40 million will be paid by adding 40% of the proceeds to the principal until March 31, 2017, and if an investment is paid, forest can be purchased immediately, and construction may be carried out.”

However, the Defendant, without any specific plan, has been able to receive investments from a large number of investors in connection with the Housing Corporation for Electric Source, and at that time, the Defendant was able to undertake the construction by receiving investments, and further, the Defendant was able to receive investments from the damaged party due to a lack of the actual investment funds in comparison with those initially planned.

Even if this housing construction could not be performed normally, it was a situation.

Moreover, the Defendant was thought to pay the investment money received from the damaged investors in so-called return to the said F-owned Housing Corporation or to use it for the F-owned Housing Construction Costs, because the Defendant was under demand of the investors in the location to return the investment money with respect to the Electric Source Housing Corporation, which was in progress in F at the time.

Ultimately, even if the Defendant received money from the injured party as the source of investment, he/she did not have any intent or ability to pay 40% of the principal and profits until March 31, 2017.

Nevertheless, the defendant deceiving the victim as above and transferred from the damaged person the amount of KRW 48 million on April 14, 2016 to a G account in the name of an investment in the house of electric source, and KRW 230 million on July 27, 2016 to the G account in the name of the Dispute Resolution Co., Ltd.