A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 28, 2010, the Defendant was operating a singing club operated by E, a complainant in the vicinity of the D Station located in Bupyeong-si, Seocheon-si on September 28, 2010.

A large-scale apartment complex is created in the Dong-gu, Busan Metropolitan City in Gyeonggi-do, and there is a benefit of KRW 100 million per party by purchasing apartment sales rights and selling them.

If the money to purchase the right of purchase is short of funds, the apartment sales right will be purchased and repaid six months after the purchase of the right of sale of the apartment, and the profit will be paid.

“A false representation was made.”

However, since the second half of 2010, the Defendant was suffering from difficulties in recovering the investment amount and purchasing the right to sell housing in a meal district, and the obligation to receive the loan from the financial institution as security was approximately KRW 5 billion, and there was a demand from other investors to return the principal amount equivalent to KRW 10-1.5 billion, and the loss of KRW 1 billion was incurred to the stocks. Accordingly, even if the Defendant received the money from the complainant, it was thought that it would be used to repay the investment amount received from the above financial institution or other investors, and even if purchasing the right to sell housing in a meal district, it was difficult to purchase some of the money, there was no intention or ability to repay the money above the principal amount to the complainant.

Nevertheless, on October 20, 2010, the Defendant received a total of KRW 18 million from the complainant to the G account under the name of G as the borrowed money, from around October 20, 201, from that time until April 26, 2011, and acquired a total of KRW 600,000,000 from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of borrowing, details of transactions by receiving period, and a contract for sales of apartment sales tickets;

1. Application of the Act and subordinate statutes to the investigation report (the report on confirmation of the source of loan);

1. The provision of the relevant Act concerning the facts of crime;