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 becomes final and conclusive.

Punishment of the crime

1. On January 1, 2008, the Defendant committed the crime related to investment funds stated to the effect that “The victim C would purchase the land located in Seoyangyang-gun, Jeonyang-gun (hereinafter “the instant land”) located in the Seo-gu, Seo-gu, Seosungdong, Seo-gu, Gwangju, and would purchase the instant land and sell all of the houses, and the funds would be necessary, and if it invests KRW 100 million in the said land under the pretext of down payment and intermediate payment, the Defendant would pay KRW 300,000,000 invested within one year as profits.”

However, in fact, even if the Defendant did not receive any specific income or property, and the victim invested the down payment and the intermediate payment in the bank more than 15 billion won, it is unclear whether it would be 310 million won of the land transaction balance of this case even if the Defendant did not pay the down payment and the intermediate payment. Moreover, even if the Defendant did not receive the investment money from the victim due to business feasibility failure due to the lack of business funds other than the victim’s investment funds, he did not have the intent or ability to pay the profits

Nevertheless, around January 29, 2008, the Defendant received KRW 10 million from the time of receiving transfer from the victim to the Defendant’s agricultural bank account for investment, etc. to April 30, 2008, the Defendant received KRW 160,000,000 from the time of receiving transfer from the victim to the Defendant’s agricultural bank account for investment, and received KRW 160,000 from April 30, 2008 in total

Accordingly, the defendant acquired the victim's property by fraud.

2. Around February 1, 2008, the Defendant involved in the crime of deposit money concluded the instant land sales contract under the name of D and the victim.

Since the victim transferred down payment and intermediate payment as stated in the above 1. paragraph, the above D had cancelled the sales contract and deposited 40 million won with the deposited person as the victim in the Gwangju District Court (No. 5097 of the Gwangju District Court in 2008), and the deposited money was paid back to the victim with the seal impression and the seal impression of the victim.