A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal records] On February 8, 2012, the Defendant was sentenced to occupational embezzlement, fabrication of private documents, uttering of a falsified document, and imprisonment with prison labor for two years and six months for fraud at the Seoul High Court on February 8, 2012, and the above judgment became final and conclusive on May 9, 2012.

[Criminal facts]

1. The Defendant was in office as a representative director at the office of the victim H Co., Ltd. located on the third floor of the Gangnam-gu Seoul Metropolitan Government G building on March 13, 2009, by violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

I is the co-owner of K Li Triart located in J in Jeju city.

At present, K Lriet neighboring land will be purchased to conduct a tourist hotel construction project, and 500 million won is required to purchase the land.

If the land owner pays KRW 500 million to the land owner, the consultation to purchase the land is completed.

The purpose of this paper is to make a false statement to the effect that, if a hotel site purchase fund of KRW 500 million is lent, the principal would be repaid by receiving tourism promotion funds from the Government within three months after the contract is entered into for the hotel site, and 1% interest per month would be paid.

However, in fact, the Defendant did not have a common right holder because he did not have a share in K Lriet, did not consult with the owner of the land in connection with the K tourist hotel construction project, and did not have been decided to receive tourism promotion funds from Jeju city and borrowed money from the damaged party, the Defendant did not have an intention or ability to purchase the land, and did not have an intention or ability to repay the money to the victim.

Nevertheless, in the original facts charged, the Defendant: (a) by deceiving the victim; (b) received KRW 500 million from the victim on March 16, 2009 to the Agricultural Cooperative Account in the name of L on March 16, 2009; and (c) received KRW 10 million in cash on March 13, 2009; and (b) received KRW 490 million in cash from the Agricultural Cooperative Account in the name of L on March 16, 2009, and received KRW 500 million in total; (c) however, the victim received KRW 500 million from the Agricultural Cooperative Account in the name of L on March 16, 2009.