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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
After becoming aware of the victim C on April 2016, the Defendant introduced the victim as the representative of D Corporation established for the purpose of exporting cars overseas and selling real estate overseas.
On October 2016, 2016, the defendant suffered from the defect that "the victim has a debt" in the victim's residence located in Gwangju City E, and the victim's loss that "the victim has a factory debt."
As the debt can be reduced, now, it will be exported after the auction of the second-hand shop, and the profits of the second-hand shop will remain through the public auction and auction.
If an investment is made, he/she may pay his/her debt within three months.
After receiving the investment money, the amount of the investment money will be settled in six-month unit, and the amount of the investment money will be 10 times the amount of the investment money, including the principal, and 1 billion won will be punished after the lapse of two to three years.
The phrase “ makes a false statement.”
However, the defendant did not establish a D Juristic person, and even if he did not receive money from the injured party for the purpose of investment, he did not have any intention or ability to pay the profits to the injured party after leaving profits through a high-level public auction and auction business.
As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim, on November 2, 2016, and KRW 20 million around November 22, 2016, respectively, from the F Bank Account (G) in the name of the Defendant, under the pretext of investment in the auction and public auction business, and received KRW 53.65 million in total from the victim on December 15, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the Acts and subordinate statutes on promissory notes- process certificates, public notice -VIP notification details, D 2017 list of VIPs and recommendations, LIS, Second and Second and Second and F Bank Account Details in A’s name;
1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.