beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On February 2, 2017, the Defendant against the victim C is operating a Korean senior club at the victim’s house located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and the victim.
1 The extent of KRW 7 million per share shall be limited to KRW 35-400,000 per month, which may be paid as dividends.
“.......”
However, as the Defendant lent money from a person who was at the time to use it for the bicycle racing, and the Defendant’s senior mother did not operate the age club, the Defendant did not have any intent or ability to pay the dividend to the victim even if he received money from the injured party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received around February 24, 2017 the transfer of KRW 9 million from the national bank account (D) in the name of the Defendant’s name to the national bank account (D) under the name of the Defendant around February 24, 2017; and (c) received the total amount of KRW 21 million from the victims on a total of four occasions, as shown in the list of crimes in the attached Table.
2. On March 2016, the Defendant for fraud against the victim E is operating a Korean senior club at a minor place and the victim’s age.
One share is 7 million won, and the dividend amount is 30 to 40 million won per share.
“.......”
However, as the Defendant lent money from a person who was at the time to use it for the bicycle racing, and the Defendant’s senior mother did not operate the age club, the Defendant did not have any intent or ability to pay the dividend to the victim even if he received money from the injured party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 6 million from the national bank account (D) in the name of the Defendant around March 7, 2016, under the name of the amount invested in the club from the injured party; and (c) received KRW 21 million in total from the injured party on five occasions, as shown in the list of crimes in the attached Table.
Accordingly, the defendant deceivings the victims, and thereby, is from the victims.