beta
Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 13, 2014, the Defendant was sentenced to a suspended sentence of two years in the Cheongju District Court for the crime of interference with business, etc., and the said judgment became final and conclusive on the 21st of the same month.
1. On May 22, 2012, at the office located on the seventh floor of Dongdaemun-gu Seoul Metropolitan Government building B, the Defendant made a false statement to the victim C, stating, “The amount of KRW 10,000,000,000,000,000,000, to be a provisional contract amount, so as to enable the victim C to take photographs and videos from the Dware operated by the inside.”
However, the Defendant was unable to obtain a business license from the competent authorities because it was not normally taken over from the former operator E of the Dwa Holdings, and the Defendant was in a situation where the owners of the above 7,8, and 9 floors of the B B building where Dwa Holdings was located were not recognized as a lessee because it was not paid at all, and thus, even if the Plaintiff received KRW 10 million from the victim, there was no intention or ability to operate Dwa Holdings normally so as to allow the victim to take pictures and videos.
Nevertheless, the Defendant received KRW 10 million from the victim to a new bank account in the name of F Co., Ltd. on the same day under the pretext of a provisional contract for photograph and video photographing from the victim at the same time as above.
2. On May 29, 2012, the Defendant made a false statement to the victim G on May 29, 2012, stating that “The amount of KRW 20 million shall be changed to a provisional contract deposit, so that fireworks may be supplied to the Dware operated by the Defendant.”
However, the Defendant was unable to obtain a business license from the competent authorities because it was not normally taken over from the former operator E of the Dwa Holdings, and the Defendant was not recognized as a lessee because it was not paid at all to the owners of the above B building 7, 8, and 9 floors where Dwa Holdings is located. As such, KRW 20 million from the victim is not recognized.