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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Final Judgment] On June 11, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of one year and two months at the Seoul Central District Court for fraud, etc.
9. 18. The judgment became final and conclusive.
【Criminal Facts】
1. Around April 2008, the Defendant, as the representative director of D Co., Ltd., a real estate executing company, told the victim G to the F office located in Seocho-gu Seoul Metropolitan Government, “Admony need to pay money. If the Defendant borrowed KRW 35 million, he/she will pay KRW 50 million after three months.”
However, at the time of fact, Vietnam's housing site development project promoted in D was unable to make profits for a short period, and the income of I separately operated by the defendant should be used as funds for operation of D and I Co., Ltd., and there was no clear way to make payment to the victim within three months. Thus, even if the victim borrowed KRW 35 million from the victim, there was no intention or ability to make payment within three months.
Around the 26th day of the same month, the Defendant, by deceiving the victim, transferred KRW 25 million from the victim to the account under the name of the Defendant. Around that time, the Defendant received KRW 10 million from the victim in cash and obtained KRW 35 million in total from the victim.
2. On May 2008, the Defendant: “Around May 2008, the Victim G is in need of KRW 150,000,000 as the initial project cost; the Defendant calculated the store of KRW 253-2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000
However, there is no fact that the defendant has promoted the implementation project of the East-gu J apartment, the defendant will receive the PF financing or return the principal invested by the victim within three months.