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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Around August 14, 2014, the criminal defendant against the victim C told the victim C to the effect that the “law firm E” office located in Yeongdeungpo-gu, Suwon-si, Suwon-si, would give the victim C a profit of KRW 1,500,000 per month if he/she, while operating the FF Motor Service, and invested KRW 30,000,000,000.”
However, in fact, the Defendant was not operating the FF Motor Vehicle Service Industrial Complex, but performed the automobile repair business individually by leasing the facility of the said Industrial Complex.
As above, the Defendant, by deceiving the victim, received KRW 30 million from the victim’s corporate bank account in the name of the Defendant on the same day.
2. On October 27, 2014, the Defendant of the Victim H expressed to the effect that, “FF Motor Service” on the second floor of the “FFFF Motor Service” office located in Suwon-si, Suwon-si, the Defendant would purchase a siren and pay the profits of KRW 100,000 won per month to the Victim H.
However, in fact, the Defendant was not operating the FF Motor Vehicle Service Industrial Complex, but was individually engaged in the automobile repair business by leasing facilities of the said Industrial Complex, and there was no intention or ability to use the invested money from the victim to purchase the rental car in order to carry out the rental car business.
As above, the Defendant, by deceiving the victim as above, received KRW 17,80,000 on the same day from the victim’s bank account as the said bank account, KRW 19,482,00 on November 14, 2014, and KRW 21,768,00 on December 10, 2014.
Summary of Evidence
1. The defendant's statement on the fourth trial date in court;
1. Each police statement of H and C;
1. Application of Acts and subordinate statutes to investigation reports (to hear the plenary statement from a representative of the F Motor Vehicle Services);
1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts as well as the choice of punishment;