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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
around 2007, the Defendant: (a) purchased a domestic vehicle with an infinite exporter while working as a business employee at the Yangcheon-gu Seoul Metropolitan Government Cagency, and divided the profits from the purchase of the vehicle in Korea and then exported it overseas; and (b) provided the land owner with a benefit equivalent to KRW 700,000 per month, and provided the land owner with a benefit equivalent to KRW 70,000 per month.
However, the Defendant, at the end of 2007, was unable to recover the existing investment money because the exporter was locked with the export payment, and was driving as if the exporter had performed an act of exporting domestic vehicles abroad in order to pay profits to the existing investment money, with the intention of raising funds from the visitors.
1. Around April 2008, the Defendant made a false statement to the Yangcheon-gu Seoul Metropolitan Government that he did not export domestic vehicles, and that he did not have an intent or ability to pay profits by exporting vehicles to the victim E by telephone, stating that the mother of friendly D would pay profits every month if he/she invests in the purchase fund of the exported vehicle. The Defendant would pay profits every month from the victim to the Defendant’s national bank account.
4. The transfer of KRW 74,100,000 was received from around 14.12,300 to December 14, 2010.
The Defendant received total of KRW 479,00,000 from the victim F, G, H, I, and D for investment in export vehicles, such as the victim E and the list of crimes in attached Form E (1).
2. The part concerning modern capital flight loan
A. The Defendant purchased vehicles using a loan from Hyundai Capital to provide profits to existing investors.