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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The court duly adopted and investigated part of the facts charged to the extent that it does not interfere with the defendant's right of defense and corrected ex officio in order of time other than case number order.
[criminal power] On October 27, 2010, the Defendant was sentenced to one year and six months of imprisonment for occupational embezzlement at the Suwon District Court on the grounds of occupational embezzlement, and was released on December 23, 201, and the execution of the remaining sentence was exempted on January 12, 2012.
【Criminal Facts】
1. "2015 Highest 4527";
A. C secondary and high schools’ money fraud related to KRW 52,50,000: The Defendant: (a) was awarded a coffee shop or school shop operation right and raised profits therefrom; and (b) was willing to receive a successful bid by using the funds of the victim, who was interested in the operation of the store from E, the students of the elementary school, to introduce the victim D, who was interested in the operation of the store.
On October 2012, the Defendant stated to the effect that “The Defendant would give a large amount of profit to the victim when he/she has a bid for the C secondary and high school shop operation right,” and that “The Defendant would give 65% of the profits by obtaining a successful bid by paying the remainder of KRW 5 million, which is 65% of the annual rent, to the maximum of KRW 85 million, and by paying the remainder of KRW 30 million, which is 65% of the annual rent.”
However, the fact was that the victim paid a fee (not to be returned after one year) with the money invested by the victim, and the defendant was willing to operate the store independently, and there was no intention or ability to pay a proper profit to the defendant by investing 30 million won in the store.
Around October 18, 2012, the Defendant, by deceiving the victim, has been awarded a successful bid of KRW 51 million in the name of his/her father with his/her license to operate a store under the name of his/her father, and then, he/she shall be transferred from the victim the sum of KRW 50 million on October 23, 2012 and KRW 52.5 million on the following day to the school side.