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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. In August 2018, the Defendant against the victim B, at “D” stores operated by the Defendant located in Geumcheon-gu Seoul Metropolitan Government Police Officer C, the Defendant stated that “The victim B shall conduct a parking lot business in Gangnam and Ansan, but the profits amounting to KRW 50 million every month.” Each month, the Defendant invested KRW 20 million per month. If the investment plan was erroneous, the value of the goods will be liable through “D” exceeding KRW 1 billion even if the investment plan was erroneous.
However, as the Defendant made an investment in the acquisition of a building, not a parking lot business, through E, and was unable to pay profits for a considerable period of time due to the lack of progress of the business. Even if the Defendant received an investment from the victim, some of them invested in the acquisition of the building through the above E, and most of them are expected to use the remainder as the return of investment money to other investors or the cost of living for the Defendant, so the Defendant did not have the intent or ability to pay KRW 1 million every month even
Around September 7, 2018, the Defendant made a false statement to the victim and acquired 20 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant.
2. On June 2018, the Defendant against the victim F stated that “D” stores operated by the Defendant located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, would enable the victim F to enjoy the profit of KRW 1,00,000,000 per month by raising money if he/she invests money, even if he/she sets up money.”
However, the defendant did not have an intention or ability to pay KRW 1 million every month even if he received an investment amount from the victim because he did not pay the profit for a considerable period of time due to the investment in the acquisition of a building that is not a parking lot business through E.
As above, the Defendant made a false statement to the victim, and belongs thereto from the victim.