A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 2, 2009, the Defendant knew that B, who was aware of it, was preparing for new construction of parking lots in the Asan City C site, and had been able to invest 300 million won in the Defendant’s fund amounting to 300 million won, to operate a leasing business for new buildings with the said B.

For the purpose of raising the above funds, the Defendant provided the victim D who became aware of the Defendant’s wife on September 6, 2009 through the Defendant’s wife, with the phrase “at present, operates E and build a new building. When the purchase of a site is completed, all of the principal and interest shall be paid around September 25, 2009; KRW 10 million on October 5, 2009; KRW 50 million on or around October 6, 2009; KRW 28 million on or around October 6, 2009; KRW 12 million on or around October 7, 2009; and KRW 20 million on or around November 6, 2009.

However, the fact was that the purchase of the site of the said new building was not completed at the time, and the balance necessary for the purchase of the site was also insufficient, and the normal sale of the land and the distribution of profits through the new construction was inappropriate because it was difficult to secure the construction cost, and the Defendant thought that the amount equivalent to the money received from the victim was used as the fund for the new construction of another building or for the personal living expenses of the Defendant, which is not related with the said new construction of the new building, and thus, the Defendant did not have the intent or ability to pay

Ultimately, the Defendant, as seen above, was given KRW 120 million from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and B;

1. Each investigation report (the current status of sale at parking lots, the details of accounts and investments made with respect to 10 million won invested funds, and the details of investments);

1. The details of transactions, loan certificates, certified copy of a payment order, copy of a new deposit passbook transactions, list of shareholders, certified copy of a register, certified copy of a building register, and details of financial account transactions shall be applied to the Acts and subordinate statutes;