beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
2017 Highest 599
1. Around October 2013, the Defendant operated the “C” of a personal business entity for the purpose of English debate campaigns for elementary, middle, and high school students. Around October 2013, the Defendant: (a) accessed the victim E office located in Gangnam-gu Seoul Metropolitan Government as the authority of the camp; and (b) accessed the victim as if the Defendant was the authority of the camp; and (c) subsequently, “The Defendant operates an English debate-related association within the Republic of Korea; (d) there will occur a lot of future profits; (e) the building in the Association is narrow so that the Defendant could not operate the business properly; and (e) if the leased office deposit is borrowed money to transfer the F office, the Defendant would repay the business of the Association.”
However, at the time, the Defendant did not have any equity capital to operate the above enterprise, and even if he did not have any intent or ability to pay money from the damaged party due to the accumulated English debate campaign, it was difficult for the Defendant to pay the employee's wages and to raise five million won of the office rent deposit.
Nevertheless, on October 30, 2013, the Defendant received five million won as the deposit money for the office rent from the injured party, making such a false statement.
2. Around February 2014, the Defendant stated that, at the victim’s office located in Gangnam-gu Seoul Metropolitan Government (Seoul) around February 2, 2014, the Defendant: (a) the victim transferred to Gangnam-gu Association because of the expiration of the current term of lease of D building; (b) agricultural loans of 70 million won requested by the father of a small father; and (c) the student’s students exceeded 80 persons; and (d) the Defendant borrowed 20 million won to be used as the deposit for the lease of the building, which shall be deducted from tuition fees, even if he/she has paid 50 million won or has paid 50 million won.”
However, at the time of fact, the defendant did not have any equity capital to operate the above enterprise, and continued to do so.