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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2014Kadan423] The Defendant, at the E-child care center office operated by the Defendant located in Eunpyeong-gu Seoul Metropolitan Government, around April 7, 2012, the victim F, “I will direct a deputy president if I invest KRW 200 million in the child care center, and have him operate and manage the income and the child care center. Monthly income will be paid as dividends, and half of the monthly income will be paid. When I want to recover the investment amount, I would return the investment amount within one month.
However, even if the defendant received money from the victim, he/she did not have any intention or ability to return the investment money within one month even if he/she received a request from the victim for the return of the investment money.
On April 16, 2012, the Defendant, by deceiving the victim, was transferred from the victim, KRW 95 million to the bank account under the name of the Defendant on April 16, 2012, KRW 10 million to the same account on the 17th of the same month, KRW 50 million to the same account on the 20th of the same month, and KRW 40 million to the same account on the 21st of the same month.
Accordingly, the defendant was given a total of KRW 195 million by deceiving the victim.
[2014 Highest 1409] The Defendant joined several circles operated by the victim G from December 2007, and paid the fraternity between the individual and the extra tuition fees and the operating income of the child care center from KRW 35 million per month to KRW 40 million. Around September 201, the Defendant was required to additionally open the child care center located in Eunpyeong-gu Seoul and borrowed approximately KRW 900 million from the financial institution and others around KRW 5 million per month. However, even though there was no additional revenue, there was no intention or ability to pay the fraternity even if he/she continued to receive the fraternitys operated by the victim.
The Defendant shall be assigned to Songpa-gu Seoul Special Metropolitan City I on January 2012.