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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On May 2014, the Defendant falsely stated that “The Defendant shall pay back the amount of KRW 20 million in advance from the head office to the victim D in the vicinity of the Busan Singu, Busan. The Defendant shall pay back the amount of KRW 20 million in advance from the head office when establishing a factory.”
However, there is no fact that the victim has entered into or promised an advance contract equivalent to KRW 20 million, and even if the victim borrowed money from the victim, it is thought that only a part of the funds were used for the construction of the factory, and the remaining funds were used for the withdrawal of the request for auction of the E-registered real estate offered as security for the defendant's separate obligation, and there was no intention or ability to repay
The Defendant, by deceiving the victim as such, received KRW 18.5 million from the victim under the pretext of factory establishment expenses around that time.
2. On January 2014, the Defendant falsely stated that “The Defendant’s new factory located in the Busan Sin-gu Busan Metropolitan City F means “The Defendant is in need of funds for factory operation, and only five million won loaning KRW 5 million is to be repaid with the operation of the factory.”
However, as mentioned in the above paragraph (1) above, the Defendant had already been obligated to pay approximately KRW 53 million, including KRW 18.5 million borrowed from the victim, and the employees did not have to pay personnel expenses for the continued operation of the factory, and the Defendant was thought to settle the personnel expenses of the employees and close the factory door, so even if borrowing money from the victim, there was no intention or ability to pay the funds by continuing the operation of the factory.
The Defendant, by deceiving the victim, was given KRW 5 million as the factory operation fund around that time.
3. On February 2014, the Defendant: (a) at the Defendant’s new factory located in the Busan-gu Busan-si, Busan-si, the victim D was unable to pay monthly wages to the factory employees; and (b) the Defendant was 5 million won in the process of operating the factory.