A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant operates H in Dong-gu, Nam-gu, Dong-gu, Seoul.

[2012J around December 24, 2008, around December 24, 2008, the Defendant prepared an investment agreement with the J, a representative director of the I Co., Ltd. I (hereinafter “I”) to make an investment of KRW 3 billion in relation to the “Creation Project for the Establishment of the Korea Industrial Complex in Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do,” and had been attracting investors.

The Defendant, at the H office around July 27, 2009, concluded that “When investing in the land purchase price necessary for the promotion of the project to create a new industrial complex in Yong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant would only use the investment money as the land purchase deposit and intermediate payment in the project to create an industrial complex, and by December 31, 2009, would make an amount equivalent to twice the investment amount.”

However, the Defendant was unable to attract the investment of KRW 3 billion in relation to the above industrial complex development project by the agreed deadline, and the issue of authorization and permission is not resolved. A criminal complaint was filed against KRW 60 million invested by M around May 2009, which was not used for the investment purpose and returned KRW 60 million around July 29, 2009, and the above industrial complex development project actually does not proceed as planned. However, even if receiving the investment money from the victim, it is impossible to pay twice the investment money by December 31, 2009, which is about five months after the date of receiving the investment money from the victim, and the Defendant did not have any intent or ability to use only the land purchase contract deposit and intermediate payment.

As above, the Defendant, by deceiving the victim, received KRW 150 million from the victim’s account in the name of the Defendant, to the one bank account in the name of the Defendant on the following day.

[2012 Highest 1083] Around December 24, 2008, the Defendant prepared an investment agreement with J, a representative director, to make an investment of KRW 3 billion in relation to the “Creation of the Overseas Industrial Complex in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do,” and made the said agreement to attract investors and make the said investment.