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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On February 201, at the coffee shop in Daejeon, the Defendant: (a) held the victim D, a partner of the related party C at the time, with their own studio and apartment, and (b) held as if he was an attorney-at-law; and (c) held as if he was an attorney-at-law. (d) When investing money, the Defendant said that “When investing money, the Defendant would make a profit of KRW 4 million per month and sell the Franice Center more than one to two years, he would take half of the principal and profits.”
However, the Defendant was not an attorney-at-law, and there was no owned real estate, and C had a high obligation of KRW 23.5 million, and KRW 23 million to Aju Capital. Since there was no income at the time, the Defendant had no capacity to take over the Flaice Center due to its economic power, there was no intention or ability to pay the principal and the profits even if having received an investment from the victim.
On March 11, 2011, the Defendant, by deceiving the victim, received a total of KRW 100 million from the said account to the said account on March 18, 201, and acquired the money by defraudation of KRW 200 million.
2. On October 9, 2012, the Defendant phoneed the victim at the French land, and called “the Defendant did not return money because the operation of the Fitice Center is well known. As the operation can be sold, it would change KRW 10 million with the operating fund.”
Even if the Defendant received an investment from the victim, he did not have the ability to return the principal and the profits. Around that time, the Defendant was in arrears with the F, etc., and it was difficult for the F, etc. to operate the F, etc. of KRW 63 million from the Credit Guarantee Fund, KRW 30 million from the Korea Credit Guarantee Fund, and KRW 18 million from the Gagn Capital. Therefore, even if the Defendant received the money from the victim for the purpose of operating funds, he did not have the intent or ability to return the money, and thus, the victim was deceiving the victim.