beta
Text
A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, C (2016 Highest 4334), D (2016 Highest 5606), and
Reasons
Punishment of the crime
While the Defendant operated a store manufacturer with the trade name of G from the Nam-gu Incheon Metropolitan City, the sales volume of the store from around April 2014 to around April 2014, the Defendant paid an interest equivalent to KRW 400-50 million per month to the amount equivalent to the existing debt amount of KRW 700 million incurred due to the decline in sales, and paid an amount equivalent to KRW 45 million every month as well as the investment principal of KRW 245 million invested from other persons from November 2012 to March 2015. Accordingly, even if an investment is made from the victim H, the Defendant was required to pay the existing debt repayment or credit payment with the investment principal to the victim, and thus, there was no intention or ability to pay the principal to the victim as agreed.
1. On February 9, 2015, the Defendant, at the notarial office located near the bend station of a new bank of 1580 new bank, posted a letter “I” on the Internet website NABaf I, “If the Defendant operates the G but operates the G, he/she must purchase the G, and if he/she invests KRW 25 million in the amount of KRW 25 million, he/she will use it only one month and pay KRW 3 million as profits.” The Defendant was transferred from the victim to the deposit account in the name of the national bank in the name of the Defendant on the same day.
2. On March 3, 2015, the Defendant phoneed the victim at the Defendant’s home located in Nam-gu, Incheon Metropolitan City J apartment 411 Dong-dong 503, and made a false statement to the victim that “if it is urgently required, it would pay the investment principal without molding it,” and it received KRW 5 million from the victim to the agricultural bank account in the name of the Defendant’s name on the same day as the investment amount.”
3. On March 9, 2015, the Defendant returned KRW 25 million to a law firm L, which is located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.