beta
Text
1. Defendant A shall be punished by a fine of one million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
Defendant
A is a director of corporation D established for the purpose of trade business, real estate business, etc., and defendant B is the representative director of the above corporation.
1. On November 11, 2014, Defendant A made a false statement to the victim E by telephone, stating, “I have good business construction. It is a fluco trading, and if I have invested KRW 1,300,000 per unit, I can make a profit of KRW 700,000 per unit only five months. It appears that other investors have made a deposit in the passbook for the investment.”
However, the defendant did not have any intent or ability to pay the above profits within the agreed period, even if he did not receive the investment money from the victim because he did not make profits by investing in the above fluco or by investing in the fluco with another person's investment funds.
Around the 12th day of the same month, the Defendant, by deceiving the victim, received KRW 2.6 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, under the name of fluco-investment.
2. Defendant B
A. On December 2014, the Defendant made a false statement that “The Defendant may pay 2,3 times the amount of the principal to the victim because he/she increased his/her stocks issued by Chinese cultural heritage in six months on the amnesty for six months. 2,3 times the amount of the principal shall be guaranteed at the end of five months. The Defendant shall be held liable even if he/she erred.”
However, the Defendant did not have the intent or ability to pay the above profits within the agreed time limit even if the Defendant received the investment from the victim due to the lack of the fact that the Defendant made the investment in the above shares.
Around December 24, 2014, the Defendant, by deceiving the victim as such, received KRW 6.4 million from the victim to the Agricultural Cooperative account under the name of the Defendant, under the pretext of the UN Investment in Stocks, and KRW 100,000 from the same account on or around the 25th of the same month.
B. On February 9, 2015, the Defendant was at Fluxa and Fluxa in Fluxa.