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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is a person who has operated D Co., Ltd. for the purpose of housing construction business.
On June 2010, the Defendant purchased land from the victim F in Seocho-gu, Seoul, for the purpose of collecting earth and rocks and the apartment development project in Gyeonggi-si Kim Jong-si, the Defendant purchased land from the victim F in Seocho-gu, Seoul, to the victim in G Office for the purpose of collecting earth and rocks and developing the apartment. The Defendant may proceed with the business if only KRW 5 billion is 5 billion, and the Chairperson would invest KRW 50 million if he paid the agreed amount to the Chairperson, who is the Gangnam-si, the Gangnam-si, the Gangwon-do branch. The Defendant may also obtain the authorization and permission. However, in the case of the company with no KRW 50 million, the Defendant would enter into a land sales contract and pay the principal after two days, and would pay KRW 50 million more with the profits if the PF loan is made.”
However, in fact, the Defendant did not know the land owner in Kimpo-si and who is the land owner, and if possible, did not know what is the terms and conditions, and did not proceed with the above soil and stones gathering and apartment development business. The Defendant did not have any funds. Since the land was designated as a zone subject to the review on the impact of preserving cultural heritage, military base and installation protection area, preserved mountainous district, and a place where waste landfill was installed, it was impossible to develop an apartment because it was designated as a zone subject to the review on the impact of preserving cultural heritage, a preserved mountainous district, etc., and so, the Defendant did not have any intent or ability to pay the principal and profits to the victim
Ultimately, the Defendant, as such, by deceiving the victim, received 50 million won from the victim to the bank account (K) in the name of Korea Co., Ltd. on July 5, 2010 and acquired 50 million won from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement in the third protocol of the trial on witness F;
1. The statement in the third and fourth protocol of the trial on the witness L; and
1. The witness I’s legal statement.