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Defendant shall be punished by imprisonment for a term of one year and eight months.
The application for compensation order of this case shall be dismissed.
Reasons
Criminal facts
[2017 Highest 4188] The defendant is the representative director of corporation D with five floors in Seo-gu Daejeon, Seo-gu, Daejeon.
On August 4, 2015, the Defendant is currently operating 20 Kapets in Daejeon area as of “at the office of victim G in Songpa-gu Seoul E and F,” and intends to establish a new corporation and expand it to Seoul area.
In addition, it is a plan to establish a car page for each member store according to an agreement with one H.
It will give 10% of the shares of a newly established corporation and operate a rolling stock store.
“False speech” was made.
However, the Defendant was unable to repay loans of KRW 100 million to the Small and Medium Business Corporation, KRW 30 million in I bank, KRW 20 million in card loan loan, and KRW 20 million in cash. D was unable to properly pay monthly wages to employees of the store under its direct management, and only entered into an investment contract with J and 50 million, investment was uncertain, and the agreement with H had already been terminated. The amount received by the victim was expected to be used for the purpose that is not superior to the establishment of a corporation or the establishment of a franchise store, such as repayment of cash, payment of company debt, and the cost of creating an apartment complex, and thus there was no intent or ability to repay the amount even if receiving the investment money from the victim.
On August 4, 2015, the Defendant received KRW 50 million from the damaged person to the Defendant’s account under the name of the Defendant as the investment money for the establishment of a corporation. On August 17, 2015, the Defendant received KRW 50 million from the Defendant to the Defendant’s account, and acquired KRW 100 million in total, under the name of the entrance fee and the test cost of the Defendant’s YY Y Y Y Y Y Y Y Y Y
[2018 Highest 1470] The defendant is the representative director of corporation D with five floors in Seo-gu Daejeon, Seo-gu, Daejeon.
In June 2017 to July 2017, the Defendant operates a large number of franchise franchise stores (hereinafter “franchises”) such as “K” and “L” to victims B, “K” and “L.”
The term "L" is to be established and sold at the head office.