A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Punishment of the crime

[2011Gohap228]

1. Fraud and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. A. Around December 16, 2009, the Defendant made a false statement to the effect that, in the E store located in Busan-gu Busan-gu, Busan-gu (hereinafter “WOG”) around December 16, 2009, the Defendant made a false statement to the victim F that “WO is a sales store in writing, and the monthly average sales are KRW 110 million, and the monthly net sales are KRW 250 million to KRW 370 million. If the party invests KRW 370 million, the Defendant entrusted the above sales and entrusted the sales, thereby paying KRW 20 million to the Plaintiff and transferred the name of the tenant and the tenant of the above sales store to the future.”

However, in fact, the average monthly sales of the sales store in 2009 are 60 million won to 70 million won per month, and the net profits are merely 10 million won per month, and there was no intention or ability to pay 20 million won as the monthly final revenues to the victim.

As above, the Defendant, by deceiving the victim as above, obtained 370 million won from the husband of the victim’s husband H for the same day as the investment money, and acquired it by deception.

B. Around February 25, 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to the investment in the port distribution store, the Defendant paid KRW 32,00,000 in monthly average sales to the victim F, “When investing KRW 60,00,000,000 per month, the victim F would make a false statement in the name of the proprietor and the lessee by integrating the name of the proprietor and the name of the second, third, third, and fourth, third, Mbuilding in the name of the port distribution store in the name of the G, and the name of the owner and lessee by integrating the name of the store into one for the purpose of security.” The above stores (hereinafter “port stores”) made a false statement to the effect that: (a) monthly average sales amount of KRW 12,00,000,000,000,000 won, and (b) monthly net sales amount of KRW 350,4,000,00.

However, the facts are that the average sales of the distribution store in 2009 are KRW 500-60 million.