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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On September 9, 2015, the Defendant is a joint investment plan to the victim E in the Seoul Guro-gu Seoul Metropolitan Government Office for the Co., Ltd. of the 7th floor of the C Building.
When selling cosmetics in Korea in the Philippines, it is possible to make investments in money because it is possible to make a large profit.
If an investment of KRW 20 million is made, the profit of KRW 10 million shall be reduced within one year, and if the return of the investment is demanded, the investment shall be returned within three months.
“A false statement” was made.
However, even if the defendant received KRW 20 million from the injured party, he/she was thought to use part of it as funds for the revenue-generating business, which was in progress with F, etc. at the time, and used as various expenses. The victim did not have the ability to pay the profit of KRW 10 million within one year, and even if requested from the injured party, he/she did not intend to return it within three months.
On September 9, 2015, the Defendant received the total sum of KRW 20 million from the damaged party, and acquired it through the delivery of KRW 20 million.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, F and G;
1. A process deed;
1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the Defendant appears to have received KRW 20 million from the injured party under the pretext of investment in cosmetics business according to the circumstances and details, etc. that the Defendant recommended the victim to make an investment, ② the Defendant invested the said money in the king-H revenue business, and used it for various expenses different from its investment purpose, ③ the Defendant used it for the cosmetic business, and ③ the Defendant already used it in relation to the cosmetic business, but this is already after the use of it for the cosmetic revenue business.