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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Around October 9, 2014, the Defendant stated that “A Co., Ltd. D will make a stable profit, and when investing KRW 70,000,000,000,000,000,000,000 won, the Defendant would pay KRW 2,50,000 per month and KRW 1% of the sales of the Seoul Station D’s sales to the victim F at the D office located in Jung-gu Seoul Metropolitan Government, Jung-gu.”
However, in fact, the Defendant was in arrears with the monthly salary of the employees of D Co., Ltd., and the tax account books were unpaid, and due to the failure to extend the repayment of bank loans, the Defendant sought to receive KRW 300 million from G G H and intended to transfer the management rights of D Co., Ltd., and the Defendant and D had the liability of KRW 2.5 billion for the Defendant and D Co., Ltd., and the management environment, such as receiving approximately KRW 2.5 billion investments from five other investors on the condition that other investors would distribute profits, was not very good. Therefore, even if the victim invested KRW 70 million, there was no intent or ability to return the principal of the investment to the victim or to return the principal.
Nevertheless, around October 14, 2014, the Defendant, by deceiving the victim, received money of KRW 70 million from a new bank account (I) in the name of D Co., Ltd. from the victim.
The defendant of "2015 Highest 3283" is a person who has performed the duties of the representative director of D Co., Ltd., a chain store in the sale of maliciousia.
Around September 11, 2014, the Defendant made a false statement to the victim J on the D Office located in Jung-gu Seoul, Jung-gu, Seoul, stating that “If the Defendant invests KRW 57 million in the K branch of our company Ga, it will pay approximately KRW 2.7 million per month as profits.”
However, at the time, the defendant was in a state of exceeding his/her obligation due to the difficulties in operating his/her business, and when the sales of the above company are insufficient, the defendant's intent or ability to pay the above profits to the victim every month.