A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 30, 2015, the Defendant made a false statement to the effect that “In the front of the Busan Northern Police Station located in the Busan Northern Police Station located in 63, the Busan Northern Police Station, which is located in the 2015 Northern City, the Defendant would be given an opportunity for investment of KRW 500 million to the victim B, first of all, the Defendant would be given an opportunity for investment of KRW 80 million. If an investment of KRW 80 million is made, the principal will be paid KRW 300,000 per month as interest and the principal will be paid after two years.”

However, at the time, there was no person who will make an investment in KRW 50 million to the defendant at the time, and the money invested by the victim was intended to use most of the existing debt repayment such as personnel expenses, office rent, etc. Therefore, it is difficult to generate future investment profits. Therefore, even if investment profits are made from the victim, there was no intention or ability to pay the principal and interest of the victim properly.

As such, the Defendant, by deceiving the victim, received KRW 80 million from the victim on October 30, 2015, and KRW 270 million on December 29, 2015, respectively, to the CF’s account in the name of the Defendant, and acquired KRW 82.7 million in total.

The Defendant and the victim D are those engaged in the human resources presentation business at the construction site.

Around November 15, 2016, the defendant and the victim provided funds to the victim, and the defendant managed the business and the human body, and the business income was divided into 5:5.

1. On February 2017, the Defendant provided human resources at the construction site of Nam-gu, Busan, and transferred labor expenses of KRW 221,000 from F to F, and embezzled KRW 221,00,000 for the victim D, at around that time, the Defendant used the said KRW 221,00 at his/her own expense for personal office expenses, etc.

2. The Defendant received labor cost of KRW 2,210,00 from F, as stated in paragraph 1, that “the Defendant paid labor cost because it did not receive labor cost from F” to the victim D.