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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 2, 2013, the defendant decided to operate a partnership with D and D operating a general meeting of accounts, and the defendant provided funds to D and agreed to operate a factory by using the actual technical skills.
However, even if the Defendant did not have the financial ability to make investments at the time and invested money from the victim E, it was difficult to predict that the Defendant would not only have the ability to pay interest to the victim, but also have the ability to repay the borrowed money from the damaged party as a result of the rapid profit in the C-A-B resolution plan.
1. On December 2, 2013, the Defendant plans to make the victim’s “B any real estate worth KRW 7 billion, to invest the amount equivalent to KRW 500,000,000,000 in C in a closed-end commercial restaurant located in Singu, Sinri-si, and to include KRW 200,000,000 in cash in agricultural cooperatives, and the head of Native branch is not good.
In order to raise the cash of the party head, the loan of KRW 30 million was made by means of a false statement that the monthly interest rate of KRW 150,000 and the immediate repayment will be made after 2-3 months.
However, in fact, the Defendant did not have real estate equivalent to KRW 200 million as above at the time, and did not have any financial ability to invest in the above company, and did not deposit KRW 200 million in the Nonghyup, and did not have any intent or ability to pay interest on each month to the victim. In addition, at the time, the KCA Co., Ltd contributed to the beginning of the business and was in a situation where it was impossible to make payment to the victim after 2-3 months.
Around the 3th of the same month, the Defendant acquired money from the injured party via the account (Account Number F) in the name of the Defendant at around the same month.
2. On December 2013, 2013, the Defendant made a false statement to the effect that “The Defendant would repay the Defendant’s funds as soon as possible if the Defendant additionally lent KRW 20 million in the need of the purchase of machinery to the victim at a marn restaurant located in the water spath of Sin-si, Singu.”
However, the defendant is the above.