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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 13, 2010, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Eastern District Court on December 13, 201, and the judgment became final and conclusive on October 13, 201. On May 29, 2012, the Seoul Central District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor at the Seoul Central District Court for fraud, and the judgment became final and conclusive on September 21, 2012.
The Defendant, from around 200 to November 2007, operated the Food Manufacturing Business D Co., Ltd. in the Chungcheongnam-gun of Chungcheongnam-do from around 2000 to November 2007, but discontinued its business due to the difficulties in the operation of the company.
1. Around December 2007, the Defendant against the victim E and the victim’s motherF showed to the victim E and the victim’s mother F, “A company established by the Defendant (hereinafter “G”) that: (a) the Defendant developed the frozen boomed goods in G Co., Ltd. (hereinafter “G”); (b) the Defendant secured the store; and (c) the expected sales amount is a company; (d) the Defendant would be able to make a freezing boomed if the funds are insufficient; (e) 15% of the company’s shares would be given if the funds were leased; and (e) the company would return KRW 100 million if it becomes well known, within three months if the company becomes well known, the name and annual sales of the 16 business parties indicated as KRW 20.28 billion in Korea; and (e) the name and annual sales of the 12 business parties’ name and the annual sales of the 111.7 billion won overseas.”
The victim and F believe that there is no problem in recovering KRW 100 million borrowed because the defendant's company could sell it to the domestic and foreign business partners already secured and make a huge sales if the defendant's company was to listen to the above horses of the defendant, and the defendant's company would be able to do so.
Therefore, on January 4, 2008, the victim transferred 40 million won from the Samsung Securities Account under the name of the victim's wife to the Defendant's Japanese bank account, and around the 10th day of the same month from the same account to the same account on or around the 10th day of the same month.