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A defendant shall be punished by imprisonment for not less than three years and six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On December 2, 2015, the Defendant made a false statement stating that “E” operated by the victim D in Yangsan-si, Yangsan-si, the Defendant would acquire G salesroom in G salesroom in G salesroom. If a half of the acquisition price is invested in KRW 450,00,000,000, the salesroom will be operated to pay KRW 10,000,000 per month. The principal of the investment will be guaranteed.”
However, even if the defendant received the investment money from the victim, the defendant did not have the intent and ability to take over and operate the above G store or pay the proceeds to the victim.
Around December 28, 2015, the Defendant received KRW 40 million from the victim to the corporate bank account (H) in the name of the Defendant, and received KRW 170 million in total from the I Bank’s cashier’s checks around January 14, 2016, and received KRW 2450 million in total from the I Bank’s checks around February 12, 2016, and received KRW 450 million in total as investment money from around that time to November 7, 2016.
Accordingly, the defendant was given property by deceiving the victim.
On April 2014, the Defendant made a false statement to the victimJ that “If he/she operates G stores in Yangsan by investing 60 million won in a party platform and operating the G stores in Yangsan, he/she may make profits of KRW 4 million a month to KRW 5 million. When he/she invests in money, he/she will operate a domestic store to make a half of revenues each month by operating the domestic store.”
However, even if the defendant received the investment money from the victim, the defendant did not have the intent and ability to take over and operate the above G store or pay the proceeds to the victim.
The Defendant, on April 29, 2014, as investment money from the victim, is KRW 10 million on or around April 29, 2014, KRW 20 million on or around May 19, 2014, and KRW 20 million on or around May 2014.