A defendant shall be punished by imprisonment for three years.

The defendant shall pay 34.5 million won to an applicant for compensation.

This order shall be issued.

Punishment of the crime

[2013 Highest 3519]

1. While the Defendant, who was registered as the representative director of D Co., Ltd. and was operating the said company together with E, the Defendant received money from the victim F, etc. as a fund for investment in beer import business, and conspired with G to use it.

On February 5, 2011, the Defendant made a false statement to the victim F in the office D, Inc., the Htel 1204 of Gyeonggi-si, Gyeonggi-do, that “I will pay KRW 300,000 per month interest if I invest KRW 30,000,000 to be used as expenses for the beer import business,” and that “I will pay the principal three months later.”

However, at the time of fact, the defendant did not have any intention or ability to pay the principal to the victim three million won per month or three months after the payment of profits by making an investment in the beer importing business immediately, even though he did not receive the money from the victim, because the defendant had no intention or ability to pay the principal.

The Defendant, in collusion with G, etc., by deceiving the victim, and by deceiving the victim on February 15, 201, received KRW 30 million from the victim.

2. On September 16, 2011, the Defendant made a false statement that “If he/she invests money to be used as a trade expense, he/she would pay the victim F the amount equivalent to 10% of the principal of each month, and pay the principal within three months.”

However, even if the defendant borrowed money from the victim, he/she immediately invested in the above business and paid the victim an amount equivalent to 10% of the principal of each month with interest name, or did not have an intention or ability to pay the principal within three months.

As such, the Defendant, by deceiving the victim, received from the victim the total sum of KRW 30 million on September 16, 201 and KRW 10 million on November 24, 201, and acquired by deception the victim.

3. The Defendant on February 3, 2012