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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. Around December 22, 2010, the Defendant: (a) around December 22, 2010, at the “D” office operated by the Defendant in Geumcheon-gu Seoul Metropolitan Government, the Defendant reported the establishment of a branch office recruitment advertisement in the Central Library, and (b) to the victim E, who was found to have reported the establishment of a branch office recruitment advertisement in the Central Library, “at least 40 branch offices have been recruited, and the nationwide operation will begin; (c) if the new company pays KRW 17 million at the cost of the establishment of the Jeju branch office, it would establish a F Jeju branch office; and (d) if the new company pays the total amount of KRW 17 million at the cost of the establishment of the Jeju branch office, it would be sufficiently guaranteed that the company’s annual salary will be paid, and the company’s annual salary will be paid at least twice a week to increase the supply of products and the sales of the branch offices and ensure stable sales.”
However, in fact, even though FF branch office was advertised at the time, there was no income due to the failure to establish the branch office, and there was no other special property, and therefore, even if the victim received KRW 17 million from the victim as the name of the establishment of the principal branch, it was merely an intention to use it as confidential employee wages, living expenses, etc., and there was no intention or ability to open the principal branch office normally to the victim by providing the products as agreed upon.
As above, the Defendant, by deceiving the victim as above, transferred or acquired the total amount of KRW 17 million in total four times, including: (a) KRW 4 million in the name of the agricultural cooperative account in the name of the NACC CF on December 23, 201; and (b) KRW 3 million in the name of intermediate payment as the above account on January 12, 201; and (c) KRW 17 million in the name of a check as the price for goods on March 28, 201.
2. The Defendant in violation of the Punishment of Violences, etc. Act (Intimidation of collective groups, deadly weapons, etc.) is Seoul around 23:42 on March 17, 2014.