beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 2012, 2012, the Defendant stated that “If the Defendant invested KRW 62 million, including the deposit in the skin management room, to the victim E, the Defendant would have divided the profits at a rate of 5:5 percent. Moreover, even if the Defendant excluded the management expenses, he would have the amount of KRW 70 million after transferring it as a security for the investment deposit.”
However, the Defendant, at the time, failed to pay KRW 320 million as well as interest on household debt of KRW 120 million, including bank debt of KRW 20 million and debentures of KRW 120 million as well as to pay KRW 320 million to employees monthly wage. The Defendant already transferred KRW 50 million out of the lease deposit of KRW 100 million to a third party, and most of the setup revenues were used for repayment of debt, etc., so even if receiving money from the victim, there was no intention or ability to compensate for the investment money by distributing the proceeds of making soup bank operation at the rate of KRW 5:5 or transferring KRW 70 million out of the lease deposit.
As above, the Defendant, by deceiving the victim as above, received from the victim the amount of KRW 10 million on September 13, 2012, KRW 6 million on or around September 21, 2012, KRW 9 million on or around September 25, 2012, KRW 15 million on or around September 27, 2012, KRW 2 million on or around October 4, 2012, and KRW 10 million on or around October 15, 2012, KRW 50 million on or around October 15, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. From among the facts charged in the instant case, the part of the charge of not guilty under Article 347(1) of the Criminal Act applicable to the investigation report (lease G’s telephone statement), investigation report (referring to the F Telephone statement of reference witness), and Article 347(1) of the Criminal Act that applied the Act and subordinate statutes, the Defendant was informed of 10 million won to E and received KRW 10 million from E by deceiving the first patrolman on September 201. According to the evidence duly adopted and investigated by this court, the Defendant leased the part of the skin management room during the soup bank operated by the Defendant on August 21, 201, and thereafter leased the part to E.