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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. The Defendant is a person who, from October 2017, operated “C Company D branch offices” on the 19th floor of Seoul Gangnam-gu 2017.
On October 25, 2017, the Defendant committed the crime of October 25, 2017, at the office of “C Company D branch” as above, concluded that “In order to operate the branch, the Defendant shall pay the victim E money with the name of the guarantee deposit.” There is no money risk that is created with the deposit deposit. There is no money deposit that is set up on the deposit basis. The Defendant returned the principal on December 31, 2018, and paid 1% of the fee that our branch will continue to be paid until the company continues to exist.”
However, even if the defendant receives money from the victim, the defendant was not to pay it as a guarantee deposit to the head office, but to use it as employees' benefits, office maintenance expenses, credit card payments, personal living expenses, etc.
Nevertheless, the Defendant, who borrowed money from the victim as it is, had the head office guaranteed by the victim and had the victim accused as if they were not consumed but preserved, and was remitted KRW 50 million from the victim to the bank account (Account Number G) in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
B. From November 14, 2017 to December 15, 2017, the Defendant concluded that, at the office listed in paragraph (1) around November 14, 2017, the Defendant made a false statement to the effect that, “A guarantee deposit is necessary to obtain advance payment from the head office of the C company’s D branch office located within the country, it is used only for the purpose of the guarantee deposit, and 4% interest shall be paid, and repayment shall be made by December 15, 2018.”
However, the defendant was planned to use most loans from the victims as stock investment, existing debt repayment, office operating expenses, living expenses, etc., and shall pay them to the headquarters of the C company.