A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2015 Highest 2247]

1. On February 6, 2015, the Defendant left the victim D at the C coffee shop located in Ilsan-gu, Busan-si on February 6, 2015, with a large amount of profits from the business of returning cosmetics to China after producing cosmetics due to a large amount of Korean cosmetics in China.

When investing in a cosmetic business, a false statement was made that the principal will be paid 10% or more of the principal as well as the principal after four days.

However, at the time, the defendant had no intention or ability to make an investment in the cosmetics business because the losses incurred in the cosmetics business were accumulated, and even if he received money from the injured party, he did not have any intention or ability to make an investment in the cosmetics business.

The Defendant, as such, by deceiving the victim, received KRW 70,000,000 from the victim to the Defendant’s corporate bank account on the same day, from that time, and received KRW 336,00,000 in total from February 6, 2015 to February 6, 2015, including the transfer of KRW 70,000 from the victim to the Defendant’s corporate bank account.

[2015 Highest 3396]

2. On May 12, 2014, the Defendant made a false statement to the victim F at the Defendant’s home of the Dong-gu Seoul Special Metropolitan City E. 714, Yongsan-gu, Seoul Special Metropolitan City, stating that “The purchase price of cosmetics shall be paid if the purchase price of cosmetics is urgently required.”

However, the Defendant thought that the Defendant was forced to repay debts from other creditors in excess of his/her debt at the time, and did not think that he/she was using the cosmetic as the price for the cosmetic goods as if he/she said that he/she did not wish to use the cosmetic goods, and that the amount that the Defendant would pay to the victim was lent from other creditors in the above manner.

As such, the Defendant, by deceiving the victim, received KRW 4.5 million from the victim for the same day as the purchase price for cosmetics, and thereafter, received KRW 4.5 million from around that time to February 25, 2015 as above.