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Defendant
A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year.
Reasons
Punishment of the crime
1. The Defendant and F along with the Company G (hereinafter “G”) are those who operated the Company 2014 Highest 1205 (Defendant A).
Around November 1, 2012, the Defendant and F stated that “Around November 11, 2012, the Defendant and F would make an investment to the Victim K to enter into a contract for the operation of a military golf course in the city of Gyeonggi-do, with the completion of the investment to enter into the contract for the operation of a military golf course in the city of Gyeonggi-do. Only a letter contract is completed in the United States, and an investment of KRW 35 million will take 10% of the net operating profit of the golf course as profit if the investment is made.” If the operating contract is not made, all the investment principal will be returned by December 31, 2013.”
However, since a fact-finding investment has not been completed or a contract has not been fully concluded, the Defendant and F did not have the intent or ability to normally return the profit to the victim even if the Defendant and F did not receive the investment money from the victim. At the time, there was no intention or ability to return the principal to the victim as the financial standing of G
Nevertheless, in collusion with F, the Defendant: (a) conspired with F, by deceiving the victim as above; and (b) obtained 35 million won from the victim’s bank account under the name of the Defendant as investment money from November 14, 2013; and (c) obtained 35 million won from the victim.
2. Highest 2014 highest 2290 (Defendants);
A. Defendant A’s joint criminal conduct (1) with Defendant A’s F in Korea with respect to the victim L, defraudation of investment funds related to the right to entrust the operation of the golf course to the private sector to the private sector, F is the head of G, F is the person who was in the position of the representative director of G, and Defendant and F conspired with Defendant A to acquire money by either paying profits from the operation of the golf course to the private sector or allowing joint operation rights, regardless of the absence of the intent or ability to acquire the right to entrust the private sector to the golf course located in Hanam-si operated by the 8
The defendant and the F are, through M, victims L in the Chungcheongnam-gun N around December 8, 2009.