A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around July 30, 2009, the Defendant held the victim’s share of “E” in the “E” office operated by the victim D, which is located in the Gangnam-si, Seoul, the Defendant made a false statement to the effect that “B will return the investment amount at any time, if it is difficult to promote the project.” The Defendant is a company that executes the construction of a new G city located in the summer-si, and our company will execute E with respect to the construction of a new G city.”

However, the fact is that a limited liability company F (hereinafter “F”) delegated a defendant with the right to sell land, but there was no specific prior consultation, and the right to sell the land did not have the intent or ability to make the victim execute E, and there was no intention or ability to return the money received from the victim.

The Defendant received from the victim the money totaling KRW 125 million, in the name of H, the Defendant, in the name of the Defendant’s father, to the Agricultural Cooperative Account on August 12, 2009; KRW 10 million on September 7, 2009; KRW 100 million on September 8, 2009; and KRW 125 million on October 23, 2009.

Accordingly, the defendant was given property by deceiving the victim.

2. Around May 13, 2010, the Defendant made a false statement at the above place to the effect that “The funds are raised after the intermediate payment was paid in connection with the G new city business, and there is a need for business funds to be raised for various purposes, and the funds to be disbursed for meal expenses, etc. need to be borrowed money to the victim.”

However, there was no intention or ability to return money even if the defendant did not pay the intermediate payment related to the G new city at the time of the defendant and borrowed money from the victim.

The Defendant received KRW 10,50,000,000,000 from the victim to the Agricultural Cooperative Account in the H’s name on May 13, 2010, and KRW 3.5 million on July 31, 2010, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. 3 times;