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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
1. On July 24, 2012, the Defendant made a false statement to the effect that “A” in the context of “C” located in Sinnam-gun, Gun, instead of Gyeongnam, would repay to the victim D money not later than September 10, 2012, if the Defendant borrowed KRW 20 million to be used for the business that imports and sells the maize.”
However, in fact, the Defendant was planning to use the said money as a stock investment, etc., and there was no entity of the above-mentioned business, and at that time, there was no intention or ability to repay the said money to financial institutions with approximately KRW 500 million.
As above, the Defendant, by deceiving the victim as above, received KRW 20 million in total from the victim, including KRW 10 million around July 24, 2012, and KRW 10 million on August 24, 2012, respectively, from the E-bank account in the name of the Defendant, respectively.
2. On September 3, 2012, the Defendant committed the crime of defraudation under the name of investment money: (a) the said victim’s (State) H office located in Daegu-gu G, Daegu-gu, provides that “The said victim shall import a house straw, but the funds are not sufficient; (b) if only KRW 100 million exists, it may be imported within one week and sold in the Republic of Korea; (c) thereby, the Defendant shall be deemed to have invested KRW 100,000,000 in the said business by combining the existing KRW 20,000,000,000 in total when investing in the said business, and shall be paid KRW 2,00,000 per month after exceeding 30% of the said company’s shares.”
However, in fact, the Defendant was planning to use the said money as a stock investment, etc., and was not the entity of the above-mentioned business, and was responsible for the financial institution’s debt amounting to approximately KRW 500 million at that time, so there was no intent or ability to pay the shares and money of the Defendant to the victim.
As above, the Defendant, by deceiving the victim as above, remitted the sum of KRW 65 million to (i) an enterprise bank account under the name of H, including KRW 15 million around September 3, 2012 and KRW 80 million around September 21, 2012.