A defendant shall be punished by imprisonment for six months.

The defendant pays 97,500,000 won to the applicant for compensation by fraud.

3.2

Punishment of the crime

On January 9, 2013, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on May 10, 2013.

On January 1, 2012, the Defendant displayed the Victim C’s satellite pictures and design drawings around Seo-gu E building and 501 (hereinafter “instant shopping mall”) in the Shababb Shab restaurant located in the Nam-gu Incheon, Nam-gu, Incheon (hereinafter “Sabab”), and “In this case, at present, there is a benefit of KRW 200 million when the construction is completed. If the construction cost is short of money, the Defendant would have paid the full amount of KRW 100 million until the end of March, 2012, which is 2 months after the second month.” The Defendant said to the effect that, as a business partnership, the amount of KRW 60 million should be punished within one year.”

However, the Defendant did not have any property at the time, and entered into a contract to purchase the instant commercial building with D 60 million won on December 201, 201, but did not definitely acquire the right to the instant commercial building because it was not capable of paying the purchase price. The expenses necessary to carry out remodeling works were to be incurred in advance sale of approximately KRW 500 million at that time, and there was no specific plan to prepare construction funds, and there was no intention or ability to repay the said expenses even if the Defendant borrowed money from the victim for the purpose of construction expenses, on the ground that there was no specific plan to prepare construction funds, and there was no intention or ability to pay them.

On January 16, 2012, the Defendant: (a) by deceiving the victim as above; (b) received from the victim the check the amount of KRW 17 million from the shower Kafe, which is located in the Nam-gu, Incheon Metropolitan City, Nam-gu; (c) around January 18, 2012, the Defendant received KRW 43 million from the station area office in Jeonnam-si, Jeonnam-si, Jeonnam-si as a check; and (d) around January 20, 2012, the Defendant received KRW 2850,000 from the company bank account (F) in the name of the Defendant.