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

[B] On August 18, 2016, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court for six months, and the said judgment became final and conclusive on December 2, 2016.

[2015 Highest 6862] The Defendant, along with B, operated the company E with the purpose of arranging study in the fourth floor of the Gangnam-gu Seoul Metropolitan Government C building and the second floor of the Gangnam-gu Seoul Metropolitan D D building.

The Defendant, together with B, may obtain from the victim E-2 visa in G E-2, the victim’s wife (a visa that allows citizens of certain countries that have entered into a trade navigation agreement or trade investment agreement with the United States and the United States to temporarily work through actual investments in the United States) and, if the visa refuses, will return the full amount of the visa.

In addition, on October 11, 2012, G E-2 refused to return US dollars 300,000 to the victim.

The defendant would like to obtain the EB-5 visa (or U.S. investors wishing to obtain permanent residence by investing USD 500,000 or USD 1 million in a company located in the U.S.) with B, and would receive additional US$ 200,000 and use it as corporate business funds. On October 25, 2012, the defendant would allow the victim to obtain 30,000 U.S. dollars from E-2 visa prior to the issuance of the E-2 visa by means of attorney fee and additional investment.

In addition, if the visa is refused, 100% of the investment amount shall be returned within three months, and 100% of the investment amount shall be returned after five months after the acquisition of permanent sovereignty even if the visa is received.

“A false representation was made.”

However, the fact is that the U.S. dollars 300,000 paid by the injured party is already used as expenses related to students and the amount of US$ 300,000 is paid to the company.