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A defendant shall be punished by imprisonment for four years.
Reasons
Criminal facts
Around May 2010, the Defendant came to know the victim D and got married with the victim, and the victim gradually trusted the Defendant, which led to the reliance of the victim, the Defendant received money from the victim.
1. On September 6, 2010, the Defendant conspired with E, and the Defendant stated that “A Co., Ltd. G office located in F on September 6, 2010,” “A business commences on or around March 201, 201 with the Plaintiff’s business permission obtained from the Gyeonggi-do Tri-si H T-si, while promoting the business of extracting aggregate at H 120,000 square meters. If an investment of KRW 300 million is made, the Defendant may receive 4% of the total profits, and even if said money is paid, the Defendant may bring profits of KRW 180,000 to KRW 2 billion. If an investment is made by obtaining real estate loans as collateral, the interest on loans will take place in lieu of G.
However, in fact, the defendant thought that some of the money received from the victim will be used for personal purposes, not for investment in the above business, and there was no intention or ability to pay the victim the same profit as the victim agreed.
Nevertheless, the Defendant, as such, obtained KRW 300 million, including KRW 100,000 on September 6, 2010, KRW 10,000 on November 10, 2010, KRW 77,000 on November 15, 2010, KRW 16,300,000 on November 16, 201, and KRW 10,000 on December 7, 201, from the victim as investment money from the victim, and acquired KRW 300,000,000 as the agricultural bank account (I) of G Co., Ltd.
2. On September 30, 2010, the Defendant stated that “Around September 30, 2010, the Defendant changed the use of the land owned by the Party J in Gyeonggi-si to the factory site” to the victim. At the expense of the establishment cost, etc., it is necessary to pay KRW 13 million, and the cost is changed.”
However, in fact, the defendant thought that most of the money received from the victim will be used for personal purposes, and there was no intention or ability to change the above land to the factory site.
Nevertheless, the Defendant, by deceiving the victim, is located in the Seodaemun-gu Seoul Special Metropolitan City around September 30, 2010 from the victim.