A defendant shall be punished by imprisonment for not less than nine months.

Punishment of the crime

1. The Defendant, at around 14:00 on July 2016, at the office of Asan City building and the office of the Co., Ltd. operated by the Defendant on the second floor, newly creating and distributing the same in the same way as doping with doping food. In Indonesia, purchasing raw materials in the factory and requesting the production of goods to the factory, and then delivering the products to the branch, 30 branch offices are scheduled to enter into a contract. The monthly sales of one branch are KRW 50 million, and 30 billion. The monthly sales of the 30 branch offices consisting of KRW 1.5 billion and KRW 750 million among them are generated, and the net profit of KRW 50,000,000 shall be KRW 50,000 per month according to the 50%-ma ratio. Since the business was prepared for at least 90%, the Defendant may produce and supply the goods to the 300,000,000 won per year.”

However, at the time, the Defendant did not have any particular property or income, while the Defendant was liable to pay more than KRW 150 million, and the Defendant’s company, which was newly established to import food, did not have any sales performance by starting the business, and did not have any sufficient business funds or specific sales place, and there was no intent or ability to pay the profits according to the promise even if the Defendant received the investment funds from the victim, since it did not have any sufficient business funds or specific sales place.

On July 31, 2016, the Defendant, by deceiving the victim as above, received from the victim the remittance of KRW 50 million from the said corporation account to the corporate account of the said corporation for investment, and acquired pecuniary benefits equivalent to the same amount.

2. Around September 2016, the Defendant made a statement to the above victim that “A character business is running in Indonesia. There are different types of sex and rain water, but the annual admission fee exceeds KRW 10 million in the sex and rain season.” Around September 30, 2016, the Defendant was at a place where the victim could not know on September 30, 2016.