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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 18, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution due to fraud, etc. in this court, and the above judgment became final and conclusive on May 26, 2012.
In addition, the Defendant, as a business director of G Co., Ltd., led the J construction project in Gangwon-do, Gosung-gun I, which is the representative director, and was in charge of attracting investment and funding for the said project.
The Defendant explained to the Victim K who intends to invest in the above project differently from the facts such as the conditions of investment, the purpose of use of the investment fund, and the method of repayment, and conspired with the said H to obtain money from the victim as investment
Around March 3, 2011, at the victim’s office located in the Nam-gu Incheon Metropolitan L Building 1502, the Defendant, along with H, made a written agreement with the victim, stating that “The entire amount of KRW 300 million invested shall be used as part of intermediate payment of the land for business use. The invested principal may be repaid in advance three months. The invested principal may be returned if the invested principal is to be recovered at least three months. In March 201, after obtaining permission for development activities on the land for business use during the period of March 201, the Defendant applied for the FF to the Forestry Cooperatives and the invested principal shall be paid.” The Defendant drafted a written agreement with the victim and the investment principal.
However, the Defendant and H received KRW 300 million from the victim, among them, planned to use KRW 50 million as investment attraction fee, KRW 150 million as sales deposit of the land subject to business, KRW 100 million as sales deposit, and KRW 100 million as office operating funds, etc. In fact, there was no agreement with Gangwon Forestry Cooperatives to obtain a loan, and there was no need to obtain development permission during March 201, and there was no intention or ability to return the investment money to the victim before and after the three months after receiving the investment money.
The defendant, in collusion with H, deceives the victim, and is subject to such deception.