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

Punishment of the crime

[2012 Highest 3232] The Defendant is a person who operates the “C” as a flexible coal development and sales business chain.

On February 10, 2010, the Defendant made a false statement to the victim’s F office in the third floor of the victims E operation of Songpa-gu Seoul Building, stating, “The Defendant secured a large amount of coal development in Indonesia, securing a large amount of smoke smoke, and supply it in the long term. The Defendant, who then sold coal after the vehicle, was entitled to prior support of operating funds to be deducted from the purchase price of coal.”

However, in fact, the defendant did not have secured flexible coal supply to the victim, and even if the defendant received operating funds from the victim due to the lack of funds, he did not have the ability to supply flexible coal.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim on May 1, 2010, KRW 10 million around April of the same month, KRW 8 million around June of the same month, and KRW 55 million over four occasions, including KRW 35 million around the same month.

[2013 Man-Ma805] On November 2007, the Defendant concluded a false statement on the victim H’s research institute located in Changwon-si University, Changwon-si, stating that “The Defendant shall develop 2 million U.S. smoke coal in Indonesia, at present, with a wide amount of crude oil and raw material value. When the pledge is established on the development of the Korea Electric Power Nam-gun, it may be exported immediately, and if the Defendant produces coal, it may be exported to 50 U.S. dollars per to 1 ton, export the amount of 50 U.S. to 40 billion won to the mine owner, thereby raising profits equivalent to 20 billion ton, and if 30.S. taxes are paid to the mine owner.” The Defendant concluded a labor development consulting contract with the victim and the Indones resources and real estate development consulting contract.”

However, the defendant's operation around April 2004, C provided for the supply of 300,000 tons of the smoke coal in Indonesia to the south of Korea. However, the contract was terminated on May 2005 because it was not secured by November 2004, and the contract was terminated on January 2005.