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A defendant shall be punished by imprisonment for two years.
Seized identification cards (No. 1) shall be confiscated from the accused.
Reasons
Punishment of the crime
Around August 2014, the Defendant made a false statement to the effect that “The victim F will provide a sales agency service for the apartment buildings constructed in the Gyeongbuk-gun G, G, the land work for the business was completed, and the investor H deposited KRW 5 billion in the bank. If the investor H pays KRW 100 million to H at the interest, he/she may use KRW 5 billion as an investment bond, and deliver KRW 100 million as a security deposit.”
However, at that time, the Defendant did not agree to receive an investment of KRW 5 billion on the condition that the Defendant would pay 100 million interest in advance from H or other investors at that time, and even if the Defendant received money from the injured party as a prior interest, it was intended to use it for personal purposes.
Nevertheless, the defendant deceivings the victim as above and was delivered KRW 100 million to the victim through I on the 25th of the same month.
around August 19, 2014, the Defendant stated to the effect that, “Around August 19, 2014, at the Defendant’s office located in Jung-gu Seoul Special Metropolitan City J building 304, the Victim K opened a legitimate deposit account of KRW 100 billion if the Defendant has a legitimate deposit account of KRW 100 billion, the Defendant may receive KRW 300 billion for underground funds, excluding the relevant expenses, and the Defendant would make up KRW 40 billion remaining with the remainder of KRW 100 billion as a profit.” This stated to the effect that “The amount of KRW 100 million to be used to open a legitimate deposit account of KRW 100,000,000,000,000 is changed to the amount to be used to make investments.”
However, the above talks that were paid for the purpose of investing money by deceiving the victim, and the defendant did not have any intent or ability to open a legitimate deposit account of KRW 100 billion even if the victim received KRW 100 million from the injured party, or to pay the victim a profit of KRW 40 billion with underground funds of KRW 300 billion.
Nevertheless, there is a need to do so.