A defendant shall be punished by imprisonment for not more than ten months.

The application for compensation of this case by the applicant for compensation is dismissed.

Punishment of the crime

1. Around July 11, 2008, the Defendant: (a) around July 1, 2008, at the mutual infinite real estate office located in Gangnam-gu, Gangnam-gu, Seoul, the victim D’s business place “at the current Chinese traditional marina business place, which has been operated in the Republic of Korea, has a monthly sales of KRW 300,000. At the present time, the monthly sales of KRW 300,000,000,000,0000,000,000 won for monthly sales; and (b) at the same time, the monthly sales of KRW 15,000,000,000 may be punished by net income; (c) if investing in KRW 25,00,000,000,000,000,000 won will be 30% of the above sales revenue while operating the said business; and (d) if the three additional points are established in the future, the net sales will be at least KRW 4 million.”

However, there was no intention or ability to set up a monthly rent, management fee, etc., and there was no intention or ability to pay profits equivalent to five million won even if the defendant received investment funds from the victim.

Nevertheless, the defendant deceivings the victim as above and obtained 25 million won as investment money from the victim, that is, from the victim, he/she obtained from the victim.

2. On July 21, 2008, the Defendant stated to the effect that “on the basis of the need to pay the said money at present, the Defendant would use the said money and pay the said money within the said month.”

However, at the time, the Defendant did not have any other special property in addition to the policy support funds received from the State, and operated the business establishment in question, and borrowed money as above due to the absence of any other income other than the following income, the Defendant’s intent or ability to repay the above borrowed money within the agreed date.