A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2017 Highest 6431] The Defendant recruited investors while working for the real estate investment company as “(State)B,” and the victim C became aware of the Defendant’s investment in the above B.

On March 20, 2017, the Defendant would purchase the real estate located in Jeju-do G from the company and sell it to the construction company in the F office of notary public in the constituency D constituency E in Busan-si.

The company that purchased the real estate of Jeju-do is aware that it is scheduled to develop other canal wells of Jeju-do, and if it invests in the real estate in the area, it will return the principal and profits after three months.

“.....”

However, at the time, the Defendant was under pressure to pay the existing debt of KRW 150 million, such as being urged to repay the said debt, and was thought to receive money from the damaged party by ice investment for personal debt repayment. Therefore, even if receiving the investment from the damaged party, the Defendant did not have any intent or ability to use the money for real estate investment or to pay the principal and the profit to the injured party.

As above, the Defendant, by deceiving the victim and receiving 40 million won from the victim’s account (Account Number J) in the name of the Defendant’s wife from the victim, was transferred in the same manner three times, including KRW 30 million on April 10, 2017, and KRW 30 million on April 30, 2017, and KRW 100 million on April 20, 2017.

[2018 high group 1938] On December 15, 2016, the Defendant made a false statement to the effect that “on the loan of KRW 30 million to the victim K, the Defendant would make a full payment by December 21, 2016.”

However, in fact, the Defendant did not have any special property or income, and was urged to repay the amount of KRW 50 million to another person, and was thought to use the money to borrow from the damaged person as the money for gambling, so even if he borrowed the money from the damaged person, it is the time to offer the money.