beta
Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On December 22, 2015, the Defendant, at the office of the Defendant located in Nam-gu Incheon Metropolitan City, may impose on the Victim C a lot of money when investing in the trading company.
B. If you lend money to the trading company, you will pay money to the trading company and the principal will pay until January 10, 2016.
“.....”
However, the Defendant had been running other businesses in the past and has been liable for a large amount of debt incurred and has not been carried out at the time, so even if having received money from the injured party, the Defendant did not have any intent or ability to pay the principal of the investment or to pay the profit to the injured party within the agreed period.
The defendant deceivings the victim as above, and he received 3 million won in cash from the victim and acquired it by fraud.
2. On August 26, 2016, the Defendant would give 10% profits to the Defendant’s office located in Gwanak-gu in Seoul Special Metropolitan City if the Defendant invested KRW 3 million in order to operate the Company “(State) E” to the victim.
It shall be calculated by adding up to pre-paid money to KRW 700,000 per day and KRW 700,000 per day.
“.....”
However, since the defendant failed to prepare business funds that he/she was trying to run, even if he/she receives money from the injured party, he/she did not have the intent or ability to return the principal or profit of the investment to the injured party.
The defendant deceivings the victim as above, and he received 3 million won in cash from the victim and acquired it by fraud.
Summary of Evidence
1. Application of statutes on police statements C to the prosecutor's office and the police interrogation protocol concerning the accused, which contain some statements in each part of the interrogation protocol;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.