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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 2007, at the office of the Korea Technology Exchange located in Gangnam-gu Seoul (Seoul), the Defendant stated that “E Co., Ltd. operated within the territory of the Republic of Korea is not more than five years as an enterprise operating a computer security program, but is excellent and currently large enterprises currently use the program, and in 2008, annual sales amount to 10 billion won, annual sales amount to 10 billion won, and it would be possible to list on KOSDAQ within 2-3 years, which would be able to make a lot of profits, and the money invested by the Party would be used only for the purpose necessary for the future development of the company without using it for the repayment of existing debts or for the personal purpose of the representative director.”
However, there was no intention or ability to make profits to the victim by raising sales of 10 billion won in the year 2008 and listing on KOSDAQ within 2-3 years.
As such, the Defendant, by deceiving the victim, received from the victim the remittance of KRW 10 million on July 5, 2007, KRW 225 million on July 20, 2007, and KRW 235 million on a sum of KRW 25 million on July 20, 2007.
Summary of Evidence
1. Each legal statement of witness D and F;
1. Some statements made by the police and the prosecutor's office on the accused (including each statement made by D and F);
1. Details of account transactions and copies of bankbooks;
1. Application of Acts and subordinate statutes to investigation reports (attached to data, such as e-mail submitted by the F of a Suspect);
1. In a case where a person intentionally commits a deceptive act in the mitigated area (10 million won or more, 50 million won or less) (10 to February 6) reduction area (10-20) of types 2 (10 million won or more, or the degree of deceptive act is weak (20-300 million won or less), the pertinent provision on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommendation], and the reason for deception.