A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[2011 Highest 9647] On January 6, 2010, the Defendant made a false statement to the victim D in Law Firm 105 of the 105 B building in Busan Jung-gu, Busan, stating that “When investing KRW 100 million in the redevelopment project in Busan Jung-gu, would combine the principal and profit after six months and pay KRW 200 million.”

However, at the time of making an investment agreement with the victim, the Defendant was only selected as the priority negotiation object of the Busan E redevelopment project and was prior to the conclusion of the implementation agreement, so the conclusion of the concession agreement was uncertain. The Defendant was paid 30% of the earnings to invest KRW 500 million in the said (State) World. However, the Defendant did not have the ability to pay the above investment amount at the time when pure debts were 50 million, and the Defendant did not have the intent or ability to pay the victim KRW 200 million after the six months.

Nevertheless, the Defendant deceiving the victim as above and received KRW 100 million from the victim’s position.

[2012 Highest 2456]

1. On April 1, 2010, the Defendant concluded an agreement with the victim H on the “G law office” located in the “G law office located in the Busan metropolitan area F, with the Busan metropolitan transportation corporation to enter into a business agreement with the (State) business World. Since the Defendant owns 30% of the shares in the relevant business, the Defendant made a false statement to the effect that 1.5 million won will be repaid in total at KRW 200 million until September 30, 2010, which is six months after the date of investment.”

However, in fact, at the time of the conclusion of the investment agreement with the victim, the defendant was merely selected as the first potential concessionaire of the Busan E redevelopment project and before the conclusion of the concession agreement, so the conclusion of the concession agreement was unclear, and the defendant was made on January 6, 2010 after concluding the investment agreement with the victim.