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Defendant
A Imprisonment with prison labor for two years and for one year, respectively.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
Defendant
A is the representative director of Geumcheon-gu Seoul Metropolitan Government H and 604 (ju), and the defendant B is the representative director of the distribution business division of the above company.
1. On July 15, 2013, the Defendant, at the (ju)G office located in Gangnam-gu Seoul Metropolitan Government, on July 15, 2013, concluded that “The Defendant would make oral and new sales through GS home shopping, by being delegated the Defendant’s right to use N brand from M from (ju) I to make oral and new sales to the victim L, who operates the said company through K and B, who is an employee of the Defendant. In addition, if the Defendant invested KRW 400 million in the cost of selling home shopping, the Defendant would offer the principal and interest of the investment and KRW 120 million around the end of October, 2013.”
However, in fact, the broadcast in the GS home shopping did not confirm, and the continuous failure of the distribution business, such as the Yong-stu and Home shopping sales business, is considered to be deficited each month, and the amount of investment received from the victim was used for the company's operating expenses such as employees' wages, etc., and even if it did not think that it was used for the original investment purpose, it did not have the intent or ability to pay the principal of investment and profits even if it was invested by the victim.
The Defendant, as such, deceiving the victim, and deceiving him/her to make investments from him/her on July 15, 2013.
7. 22. The Plaintiff received a total of KRW 120 million through MO, and received KRW 50 million from the Korean bank account on July 22, 2013 (State) and received KRW 50 million on August 12, 2013 through P and received KRW 380 million on September 5, 2013 in total.
2. On July 25, 2013, the Defendants entered into a contract with the victim for supply of Q Handbook-200 WT 10,000 won per unit to the victim in Q Handbook shopping at the office of the above State (State). The Defendants made an investment of KRW 295,40,000 in the purchase price of goods to KRW 36,740 per unit. On October 31, 2013, the Defendants made a false statement to the effect that “The Defendant will pay KRW 72,00,000,000,000 as the principal would be settled from GS home shopping as the principal would be settled.”