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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant is the chairman of the Suwon Branch, an incorporated association.
1. On April 5, 2016, the Defendant made a false statement to the victim E, stating that “FE would use G sports center exclusively for the exclusive use of the G sports center and install a shop and a kacker, and that 60 million won will be given the right to operate a store located in the G sports center, if it is a week.”
However, even if the Defendant received money from the injured party, it was thought that the Defendant would use the money to pay the individual debt, and the right to operate the G Sports Hall shop is granted by means of open bidding from the Korea Facilities Management Corporation, and there was no official consultation on the use of the FF Egynasium, and there was no plan to operate a store in Ggynas. Therefore, even if the Defendant received money from the injured party, the Defendant did not have the intent or ability to grant the right to operate a
In other words, the Defendant was issued KRW 10,000,000 to the Agricultural Cooperative Account under the name of C as the down payment from the victim by deceiving the victim as above, and received KRW 35,00,000 as the intermediate payment around April 7, 2017.
2. On April 15, 2016, the Defendant made a false statement to the victim at the place specified in paragraph 1 at around April 15, 2016, stating, “The Defendant shall pay the victim interest of KRW 20 million on a loan of KRW 20 million in the need of replacement of the key machine without a mold.”
However, the defendant did not have any intent or ability to repay money even if he borrowed money from the injured party due to no particular income at the time, and he did not intend to use it as a replacement expense for the key money, but rather used to pay money in the name of interest to other debtors of the defendant.
Defendant deceiving the victim as above and received KRW 10 million from the victim, i.e., from the victim, to the No. 1 agricultural bank account, and received delivery of KRW 10 million on May 11, 2017.
3. On July 27, 2016, the Defendant entered paragraph (1) around the day.