A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in real estate leasing business in Vietnam.

The defendant around January 24, 2006, at the office of "law firm I" under the Seocho-gu Seoul Metropolitan Government Seocho-gu 1719-4, the victim corporation I bill of indictment, and the victim corporation I bill of indictment stated that the victim corporation is a victim, but the records can be acknowledged, the agreement of KRW 2 billion was concluded in the name of the defendant corporation and the corporation I, and the funds of the above corporation are not money of KRW 2 billion transferred according to the above investment agreement but money invested by the shareholders of the corporation I, etc. of the above corporation. In light of the above, the victim is not the corporation I but the representative director of the corporation.

The representative director of J made a false statement to the J that “it is running K apartment project in the city of Vietnam, and only if it makes an investment, it can obtain a lot of profit. If it invests KRW 2 billion as a project fund, it would make a security in the L apartment complex located in the city of Vietnam-si in the city of Vietnam-si.”

However, the fact that the above rental apartment had no intention or ability to set up security for the victim because it had already been set up security to Aga Bank, a local bank of Vietnam, for the above rental apartment.

In the written indictment, the defendant also stated that "the personal funds invested in the above K apartment project are KRW 9 billion, and the above project will be commenced in 2007, and if the investment is made, the principal amount of KRW 2 billion after the first set of K apartment is preferentially repaid, and 20% of the proceeds of the entire project of 5-ro sportss is expected to be paid."

However, the following circumstances that can be recognized by the record, i.e., the J stated that the personal funds invested in the above K apartment business at the time of the investment in the decision of the defendant in this Court did not state the phrase "9 billion won", and the defendant is actually constructing and leasing rental apartments, and the K apartment business in the decision of the court.