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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around December 2010, the Defendant had no particular property, as well as there had been a debt equivalent to KRW 100 million. From August 2010, the Defendant began to engage in the business in the Daba in the Gwangju Mine-gu, Gwangju, but did not have any particular profit-making since its business was not well-being. Moreover, the deposit that the Defendant paid to the Dogs or building owners upon commencing the business was merely KRW 15 million lent to E, while the Defendant lent the deposit to the Defendant for the lending of the deposit money to the Defendant, but the Defendant was able to demand the return of the deposit by changing the mind immediately after the commencement of the business.
1. On December 1, 2010, the Defendant made a false statement to the victim F, “I will pay to D Coina a deposit amount of KRW 30 million to D Coina with D Coina, but I would like to make you know about the deposit amount of KRW 10 million with the deposit, and distribute profits. The Defendant would be able to refund the deposit amount of KRW 10 million to KRW 30 million,000,000.”
However, in fact, the security deposit that the defendant paid to D Coinna was only 15 million won, and the defendant thought that he would pay the above security deposit to E, so even if he received KRW 10 million from the victim, he did not have the intention or ability to return it.
On the same day, the defendant transferred KRW 8730,00 from the victim to the credit cooperative account in the name of the defendant, and received KRW 1,370,000 from the victim's business place of Dracka or the remaining sugar.
2. On December 16, 2010, the Defendant made a false statement to the effect that “The Defendant would raise the rate of distribution of the proceeds of KRW 10,000 to the victim on a deposit with D Coina., Ltd. more than KRW 30,000,000,000 may be additionally collected as KRW 10,000,000,000,000 for lease deposit owned by D Coina., Ltd.”
However, in fact, the deposit that the defendant paid to the above D Co., Ltd is only 15 million won, and the defendant pays the above deposit to E.