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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 19, 2010, the Defendant: (a) at the office of G Co., Ltd. (hereinafter “G”) located in the Mine-si F (hereinafter “G”); (b) at the victim H, the Defendant returned the investment principal until April 18, 201; and (c) paid KRW 50 million by September 30, 201. The Defendant issued the original copy of the sales contract of I building 201 to the J in order to believe that “if the principal and profits of the investment are not known at the time, it would be transferred in lieu of the I building 201”; and (d) the Defendant issued the original copy of the sales contract of I building 201 to the J along with the victim.
However, even if the defendant received money from the victim as above, there was no plan to use it for the new construction project of the I building, and since the original contract for the sale of the I building 201 was received from K as a collateral for securing the sale cost of the I building, it would be difficult to recognize the validity of the above contract for the sale of the I building as collateral if it did not raise the investment money to K, and there was no intention or ability to pay the agreed principal and interest of the investment in time because it did not have any profit or asset.
As such, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim for the same day as the investment money.
According to evidence, the defendant, as the actual operator of G corporation, was invested from the victim in the name of G, prepared and delivered a certificate of cash storage that he/she guaranteed, prepared a notarial deed of money loan contract with the victim, and provided the victim with the I building 201 sales contract as security for direct investment.
However, the defendant paid the investment money from the victim to L, etc. used it for the purpose that is not related to the new construction project of I building, and the above sales contract is the cost related to I building.