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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. The defendant is the representative director of the C.C., who carries on resources development (mining, such as luminous, glutin, etc.) and renewable energy-related business.
On May 2008, the Defendant held a business briefing session on the 3rd floor of the building near the entrance and exit of Seocho-gu Seoul, Seocho-gu, Seoul, and falsely stated that D, an employee of the said company, “(ju)C, made an investment in the business of collecting luminous tin, etc. in the Philippines, the Defendant would pay 30% of the investment amount and pay the principal within three months.”
However, at the time of May 2008, the Defendant required to pay the amount of KRW 40 million per month for personnel expenses, such as personnel expenses for local office personnel of the Philippines and expenses for the progress of the business, but did not generate any profit in the course of carrying out the business, such as the old mining and the Kaba cultivation. Therefore, even if the Defendant received an investment from the victim, he did not have the intent and ability to pay the principal within three months.
As such, the Defendant, by deceiving the victim and deceiving him as such, up to 24.7 million won in the post office account (F) in the name of the C on June 17, 2008 from the victim, and the same year.
6. 30. 35 million won in the above post office account, and the same year;
7.3. The sum of KRW 109,700,000 was remitted to the above post office account.
Accordingly, the defendant was given property by deceiving the victim E.
B. Around May 9, 2008, the Defendant held a project explanation meeting at the office located in the 5th floor of the 5th floor of the G Building in Seongbuk-gu, Sungnam-si, and that D, an employee of the said company, made a false statement that D would make a monthly profit of KRW 1.8 million if C invests KRW 50 million in the renewable energy business to the victim H.
However, at the time of May 2008, the Defendant required the cost of KRW 40 million per month, such as personnel expenses, such as local office personnel management, and expenses for the progress of the project, but did not generate any profit in the course of carrying out the project, such as the old mining and carb cultivation.