A defendant shall be punished by imprisonment for four years.

Punishment of the crime

If the Defendant invested the victim D (53 tax) in the office of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B and 7th floor C with respect to the F building construction project implemented in Dongdaemun-gu Seoul Ewon on July 10, 2015, with respect to the F building construction project, around July 30, 2015, he/she would receive a loan from the bank group and pay the amount of 50 million won agreed upon on October 30, 2015 and 285 million won decided on October 30, 2015.

If the G Care Center makes an additional investment of KRW 500 million in relation to the F Building construction project to the victim around October 1, 2015, prior to the due date of the first investment agreement (hereinafter referred to as “the first investment agreement”), the G Care Center around October 1, 2015, prior to the due date of the first investment agreement, additionally invests the amount of KRW 500 million in the F Building construction project, it is intended to issue a second priority beneficiary certificate to the trust manager who manages the said new investment project funds, etc. (hereinafter referred to as “the second investment agreement”). In addition, it is intended to issue the second priority beneficiary right certificate to the trust manager who receives the first and second investment agreement as security for the said new investment funds, etc.

A false statement was made.

However, in a situation where the Defendant had a debt of KRW 3 billion, the Defendant was promoting a new construction project of F building without any purchase price. The Defendant was in a situation where the Defendant deposited money as one’s own capital to repay the principal and interest of the existing debt, and the amount to be used only for the above business purpose is insufficient, and thus, the Defendant could not be able to repay the first and second investments on the agreed date. The H-I Group, which invested KRW 3 billion prior to the lending of money from the damaged party, did not have the ability to issue the second priority beneficiary right certificate to the injured party by stipulating that the Defendant was able to issue the second priority beneficiary right certificate.

On July 10, 2015, the Defendant received KRW 500 million from the damaged party to the K bank account of the J Housing Redevelopment Development and Improvement Project Association designated by the Defendant, and continued to receive KRW 500 million as the intermediate payment of land.