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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a real operator of F Co., Ltd. (hereinafter referred to as “F”) with Busan Shipping Daegu E-building 502.
1. On December 22, 2011, the defrauded of the Victim G (31 years of age) made a false statement to the effect that “The Defendant, at the (a) I office of the Defendant working on the first floor of the Gangnam-gu Seoul H building, would establish or take over a capital of KRW 300 million, making an investment in the victim’s capital amounting to KRW 150 million by each of them. The amount of the investment would be 50% of the shares of the corporation in the future, and the amount of KRW 150,000,000,000,000,000, which was promised, will be invested.”
However, even if the defendant received investment money from the victim, the defendant did not have the intent or ability to establish or take over a normal entertainment corporation with a certain level of capital by aggregating the defendant's investment money with the victim's promise.
The Defendant received KRW 50 million from the victim as investment money, i.e., KRW 50 million, and on February 29, 2012, the Defendant received KRW 100 million in total from the entertainment tavern located in Gangnam-gu Seoul, Gangnam-gu.
Accordingly, the defendant was given property by deceiving the victim.
2. Around June 7, 2012, the Defendant against the Victim J (A. 36 years of age) concluded a contract for advertising club and advertising operation agency with the victim at the above F Office (“FF”) on the part of the victim: “FF office entered into an agreement with the Plaintiff on the L club and advertising operation agency; 10% of the sales revenue of the L club in the future; and 30% of the advertising revenue. If NV invests KRW 100,000,00,000,000,000 won per month, the Defendant made a false statement to the effect that “F will take 25% of the sales revenue of the L club and advertising operation agency; and that F will take 10,000 won of the sales revenue; and that F will take 25% of the profits accruing from F after one year.”
However, the Defendant did not intend to use the investment money received from the victim to acquire the shares in the above M, and the above F shall be annually at the time.