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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On October 2016, the Defendant: (a) stated that “The Chairperson of the Dispute Resolution Co., Ltd. shall be the head of the Dispute Resolution Co., Ltd.; (b) in the Dispute Resolution Co., Ltd., there is a difference between the president and the president in constructing apartment buildings in various places, such as Namyang-ju, Youngcheon, and Seowon; and (c) in the Dispute Resolution Co., Ltd., the Defendant would request the president to operate a restaurant at the construction site (victim) so that he/she may operate the restaurant at the construction site. To do so, the Defendant would provide the president, etc. with the prefabricated building necessary for the restaurant, and the down payment is necessary.”
However, in fact, the defendant did not have a relationship with the president of the Dispute Resolution Co., Ltd. and did not have any relationship with the above construction site, so the victim did not have the intention or ability to give the right to operate the so-called "cafeteria".
Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 26,770,00 from October 20, 2016 to April 6, 2017, a total of 23 times as indicated in the list of crimes in the attached Table from around October 20, 2016, from the victim, to the Defendant’s D Association account with the Defendant’s D Association account, such as street funds.
2. On November 18, 2016, the Defendant: (a) made a false statement to the victim that “on November 18, 2016, the vehicle needs to be moved to the victim in order to comply with the right to operate the restaurant; (b) however, the victim did not have the intent or ability to grant the right to operate the restaurant.”
Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) caused the victim to borrow a loan of KRW 9.9 million from the LAE to purchase FAF car in a 36-month amount on the same day; and (c) actually acquired financial benefits equivalent to the above amount by having the victim operate the said car and pay the principal and interest of the loan to the victim.
3. On March 2017, the Defendant: (a) found the victim’s house located in Seocho-si G on March 2017, 2017, to be in charge of the construction of the Gangnam-do apartment house.
It is intended to operate a restaurant as a box of the above site.