A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

The defendant, as the representative director of F, supervised and takes charge of the overall H construction project in Gosung-gun G, Gangwon-do, and I was in charge of the above company's business director's position and was in charge of the attraction of investment and the fund part of the above business.

The defendant explained to the victim J who intends to invest in the above project differently from the facts about the investment conditions, the purpose of use of the investment fund, and the repayment method, and conspired with I to acquire money from the victim as investment funds.

On March 3, 2011, at the victim’s office located in the Nam-gu Incheon Metropolitan City K Building 1502, the Defendant, along with I, prepared an agreement with the victim, stating that “The investment principal shall be KRW 300 million as part of part of the sales and purchase of the land for business. The investment principal may be repaid in advance three months. The investment principal may be returned if the invested principal is to be recovered by not later than three months. In March 201, after obtaining permission for development activities on the land for business during the period of March 201, the Defendant applied for the FF to the Forestry Cooperatives and paid the invested principal.” This means that “The condition that the L Forestry Cooperatives shall pay KRW 6.48 billion in the PF related to construction.”

However, when the defendant and I received 300 million won investment money from the victim, the defendant and I planned to use 50 million won as investment attraction fee and 150 million won as sales contract deposit for the land subject to business, 100 million won as sales contract deposit for the land subject to business, and 10 million won as funds for operating offices respectively. There was no agreement with L Forestry Cooperatives to obtain a loan of 6.48 billion won. Since it was not possible to obtain development permission during March 201, it was not possible to obtain development permission from the victim, there was no intention or ability to return the investment money to the victim before and after the three months after receiving the investment money.

The Defendant conspired with I to induce the victim and received 300 million won from the victim’s seat to the F Account of the F Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness J.