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

[2016 Highest 1027] Defendant deceiving the victim D to obtain a total of KRW 211,134,545 by deceiving the victim D as follows.

1. Around 14:00 on February 3, 2009, the Defendant entered into a contract on the transfer of business rights to the development of the Corporation and the amusement complex development project in the name of Dongyang Co., Ltd., Ltd. in the name of Dongyang-si, Busan, with the victim at the F hotel coffee shop located in Busan, Busan.

The loan of KRW 200 million is used as part payments for the acquisition of the above business rights.

Upon receipt of project rights, landscaping works and civil engineering works will be subcontracted.

“A false representation was made.”

However, the above development project has not yet been approved by the Cultural Heritage Administration, and in order to take over the above project from Yang beco Co., Ltd., which was preparing for the implementation of the project at the time, there was no specific plan for raising the above fund, while paying the balance of KRW 436 million up to February 5, 2009, and up to May 20, 2009, there was no specific plan for raising the funds. Since the money received from the injured party was intended to use the money for the living expenses and personal debt of his family members, even if it was received money from the injured party, the right to operate the tourism and resort development project of the above Boyang-gu Tourism Complex was acquired, or there was no intention or ability to subcontract the above development project and the civil works and landscaping works of the above development project to the injured party.

Even so, Defendant 1 received a delivery of a promissory note 155,134,545 per day from the victim by deceiving the victim as above, and then transferred KRW 50 million to the account in the name of Defendant on February 4, 2009.

2. The Defendant around August 11, 2009, at the above F hotel coffee shop, lent the victim “as soon as possible 6 million won is needed. There is money written in P.M., and he will complete payment if the money entered into P.M..

“A false representation was made.”

However, the defendant did not have any property and did not have any income.