A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 2012, the Defendant made a false statement to the effect that “D” center for Defendant’s operation located in Busan Seo-gu, that “The Defendant would operate a marina shop in one column of the Fice Center if he/she invests KRW 50 million in an investment of KRW 50,000,000, equipped with a marina shop facility and jointly operate a marina shop by employing a Chinese marina branch and jointly operate it.”

However, the defendant, at the time of auction, thought that the interior cost of the building of the above insignia center was an investment from the mother-and-child damage, and did not have the intent or ability to disdeembate the profits by employing a Chinese marina branch office or operating it jointly with the victim.

Around October 26, 2012, the Defendant: (a) by deceiving the victim as above; and (b) transferred the sum of KRW 20 million to the Agricultural Cooperative Account in the name of Defendant’s wife F, from around October 26, 2012; and (c) KRW 50 million, including KRW 30 million around the 29th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (data submitted by a suspect) and investigation report (the result of a telephone call from a lessee G in the out place);

1. Application of Acts and subordinate statutes on real estate lease contracts and transaction details of passbooks;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. Summary of the assertion

A. The Defendant, without specifying the purpose of use, was invested in KRW 50 million by the victim, and made an oral agreement to make a payment contrary to the profits derived from the operation of the shop shop with the above investment deposit. The Defendant, in order to implement the above agreement, agreed to lease the shop shop to G and pay half of the profits that the lessee would receive from G to the Defendant.