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A defendant shall be punished by imprisonment for one year.
The defendant has been partly repaid to the applicant for compensation 86 million won.
Reasons
Punishment of the crime
"2013 Highest 4060"
1. On June 2012, the Defendant made a false statement that “If the Defendant invests KRW 100 million in purchasing and developing six parcels, other than Ulsan-gu F, Ulsan-gu, and six parcels, the Defendant would give KRW 160,000,000,000 to the victim’s house located in Ulsan-gun E, Ulsan-gu, Ulsan-do.”
However, in fact, the Defendant promoted a redevelopment project on the above-mentioned land F and six parcels around May 22, 2008, and applied for approval of the housing construction project plan to the Ulsan Metropolitan City Office on May 22, 2008, but received an order to supplement from the Ulsan Metropolitan City Office due to the failure of at least 80% residents’ consent, which is an approval requirement, and withdrawn the said application for approval on March 9, 2009, because the said project was not carried out thereafter, even if the said project was not carried out until now, the Defendant did not have the intent or ability to develop the said land and pay the investment and earnings to the victim.
Nevertheless, around June 27, 2012, the Defendant: (a) by deceiving the victim as above; (b) received from the victim the total amount of KRW 15 million from the Defendant’s account; and (c) around July 5, 2012, the Defendant received KRW 85 million from the G account, a parent of the Defendant, to transfer the total amount of KRW 100 million.
2. Around August 1, 2012, the Defendant made a false statement to the victim at a place, such as Paragraph 1, at the same time as that of Paragraph 1, that the Defendant would make an investment in the real estate and increase the profits of KRW 1,00,000 per month, and return KRW 30,000 within three months.
However, as the financial situation, such as the transfer of management rights to H around June 25, 2012 due to the Defendant’s debt amounting to approximately KRW 360 million at the time, and the financial situation, such as the transfer of management rights to H’s Kcafeteria located in Ulsan-gun I, U.S., would have deteriorated, the Defendant attempted to receive money from the victim and use it for the repayment of his/her obligation, and invested in real estate and paid investment and profits to the victim.