A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The defendant is the representative director of D Co., Ltd. established for the purpose of construction and real estate business, who has promoted F public waters reclamation and soil erosion development projects in Jinnam-gu, Jinwon-si, Jinnam-si.

The Defendant acquired a license to reclaim public waters on July 12, 2002. However, due to the shortage of business funds, the said license was transferred to the two industries on January 21, 2008, and lost the license. On June 23, 2008, the Defendant decided to pay the amount of KRW 45 billion to the two industries on June 23, 2008, but was unable to carry out the said business normally.

1. Around October 18, 2008, the criminal defendant against the victim G made a false statement to the effect that “The victim will give the victim a right to operate a cafeteria at the construction site and a public order office at the site of the construction site, with the money pertaining to the project for the reclamation of the Jinnam F in the Seodaemun-gu Seoul Western-gu Seoul Metropolitan Government.”

However, as above, even if the Defendant received money from the victim, he did not have the intent or ability to have the right to operate the restaurant or the public office in the construction site.

The Defendant received KRW 8 million in cash immediately from the victim, and around September 2, 2009, the Defendant received KRW 100 million in cash and check, and KRW 5-6 billion in cash and check around September 2, 2009 and received KRW 48 million in total.

2. On April 27, 2009, the criminal defendant against the victim H made the victim make a telephone at a place where the location is unknown and made the victim use a false statement to the effect that “If he/she fails to pay the F reclamation license tax to pay the F reclamation license tax, his/her license is revoked. If he/she lends money even before the payment, he/she would make twice the principal amount until May 30, 2009.”

However, as above, the defendant had already transferred Fpublic waters reclamation license at the time, and even if he borrowed money, he/she has the intention or ability to complete payment.