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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[former Fact-finding] A around January 11, 2019, the Defendant, along with B, decided to invest the project cost of KRW 100 billion in D and E (hereinafter referred to as “D, etc.”) for the joint project with D and E (hereinafter referred to as “D, etc.”), and the Defendant, on the same day, was due from F Co., Ltd. (hereinafter referred to as “F”) in the name of the Defendant on January 31, 2019, borrowed KRW 290 million until January 14, 2019, and delivered KRW 200 million to D, etc. as the aggregate of KRW 100 million until January 14, 2019. However, D, etc. failed to perform a joint project promise of KRW 100 billion, etc., and finally, conducted a joint project with D, etc. to attract funds of KRW 100 billion from January 16, 2019 to a joint project development plan.
However, the joint business agreed with D, etc. and B, which had been promised on January 24, 2019, failed to comply with the promise to attract funds, eventually, the joint business that D, etc. agreed with the Defendant and B, led to a situation in which it is difficult to expect business profit by making it clear whether the business profit is in progress in the future. On the other hand, the Defendant was faced with the situation in which the repayment period for KRW 290 million borrowed from the LAF in the name of the Defendant to be urgently prepared due to the delayed repayment period.
【Criminal Facts】
On January 25, 2019, the Defendant, at around 14:20 on January 25, 2019, called “I would create KRW 200,000 won within one week to pay 100,000 won. Although the content of the investment is not possible, I would forward money to the H Association account in the name of the Defendant on January 25, 2019.” The Defendant was transferred KRW 100,000 from the victim on January 25, 2019.
On January 30, 2019, the defendant continued to post a telephone again to the victim and keeps the victim in custody without making an investment because of the misunderstanding of KRW 100 million.
At this time, the amount of 100 million won will be added.