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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who has been working as the representative director of D Co., Ltd., a livestock feed nutrition sales business.
The Defendant, around January 2014, at a restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, there is a victim E (45 tax, south) and F, etc., and the Defendant is expected to sell the eropoly Chinese feed to the Defendant at the end of completion and within two to three months.
Until February 15, 2014, in the event of lack of publicity expenses, the U.S. demanded to lend money to the effect that the investment amount of KRW 500 million is expected to be raised, and that it will return KRW 100 million up to one month from the loan.
However, in fact, even if one hundred million won is paid, it was thought that half or more of the investment was to be used as refund to the investor who revoked the investment, close away benefits, or office operation expenses, and the above company could not have repaid KRW 100 million into one month due to the difficult circumstances of the above company, and the above KRW 500 million was determined, or was not expected to enter the money by the above day, so the defendant did not have any intention or ability to return the above KRW 100 million as agreed.
The defendant deceivings the victim as above and acquired cash of KRW 100 million through the above F from the victim in a restaurant as long as he/she is located in the same Dong around January 20, 2014 from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the defendant;
1. Statement made by the police for E;
1. Investigation report (Submission of suspect's data and details of deposit transactions);
1. Investigation report (the result of execution of a warrant of search and seizure, the first one);
1. Investigation report (the result of the second execution of a warrant of search and seizure);
1. A report on investigation (as to the place of use of the damaged gold)
1. An investigation report (Submission of telephone conversations and data with a witness G);
1. Investigative report (the currency of the witness F);
1. A report on investigation (F relative verifications);
1. Application of Acts and subordinate statutes on a complaint and a loan certificate;
1. The pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and the sentencing of imprisonment.