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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 8, 2015, the Defendant drafted a business agreement with the victim F and the victim G, stating that “A cartoon is planned to establish and operate a web content company,” and that “B, if an investment of KRW 200 million is made, an investment of KRW 200 million for the establishment and operation of the said company, an employee shall be completed within the name of the company, a certain number of cartoons shall be produced and sent to the platform company, and a quarterly profit shall be distributed.”
However, in fact, the Defendant, at the time, had borne a large number of obligations, such as about KRW 400 million in arrears, and had not fulfilled the financial status of H and I in the operation of the Defendant. As such, the Defendant attempted to use the said investment amount with personal debt, payment of personal installments, payment of home-based interior expenses, payment of overdue wages to H employees of the Plaintiff, payment of overdue wages to H, and funds for I’s operation, even if the victims received an investment from the victims, there was no intent or ability to distribute the profits to the victims by establishing and operating the web-based specialized company.
Ultimately, on July 9, 2015, the Defendant: (a) received KRW 100 million from the victims to a new bank account under the name of the Defendant J on July 9, 2015; (b) received KRW 15 million from the victims G to the said bank account; (c) received KRW 10 million from the victim F to the said account on July 27, 2015; and (d) received KRW 15 million from the victim G to the said account on July 28, 2015; and (e) received KRW 15 million from the victim G to the same account on August 17, 2015; and (e) received KRW 15 million in cash from the victim F on the same day; and (e) received KRW 25 million from the victim G to the national bank account in the name of K on October 15, 2015; and (e) received KRW 25 million in cash from the victim G to the said account.
Summary of Evidence
1. The defendant's person;