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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
While joining Samsung Electronic Sales Co., Ltd. and being in charge of D, the Defendant became aware of the victims E who engage in artificial insemination, and around May 2010, upon retirement of the above company, the Defendant intended to acquire money by deceiving the victim by establishing an investment company after establishing the investment company.
1. On September 2010, the Defendant was transferred to the Defendant’s account with the treatment securities account in the name of the Defendant, stating that “The Defendant would make an investment in shares, and the principal will be repaid within 3-4 months.” The Defendant was transferred KRW 30 million from the injured party on September 28, 2010, KRW 30 million, KRW 30 million on October 27, 2010, and KRW 40 million on December 21, 2010 to the Defendant’s account.
However, at the time of fact, the Defendant did not have any particular property and did not have any intent or ability to return the principal, as promised, even if he received the above money from the injured party in the difficult state of management because the said investment company did not make any profit.
Accordingly, the defendant deceivings the victim and defrauds the total of KRW 100 million.
2. On November 201, 201, the Defendant: “Around December 7, 2012, the Defendant borrowed an amount of KRW 90 million to the victim’s account with the name of the Defendant’s wife, with the loan of KRW 90 million for living expenses and company operation funds; an apartment house in the name of the Defendant may also be provided as security; and that apartment is transferred from the victim to the bank with the name of the Defendant’s wife.”
However, even if the defendant received money from the injured party as described in paragraph (1), he did not have an economic intent or ability to repay it until the promised date, and he would offer it as security.
The apartment apartment of Yangcheon-gu Seoul Metropolitan Government also has no value of security because the tenant resides.
Accordingly, the defendant deceivings the victim and defrauds the total amount of KRW 90 million.
3. On June 29, 2012, the Defendant was at the time of Buddhist land.