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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2019 Highest 1549] The Defendant is in a relationship with the victim B, and is a person who operates a “D” mushroom farm in Furine C.
The Defendant stated in the facts charged in around November 2, 201 as “ around November 2011.” However, considering the following: (a) from the account in F’s name (Evidence No. 6) to December 7, 2011, the Defendant was remitted from the account in F’s name (Evidence No. 6) to the point from December 7, 2011; and (b) the specifications (Attachment No. 31) that the victim B was issued by the Defendant, the Defendant’s correction and recognition ex officio.
In France, the victim made a false statement to the effect that “A food disposal business company located in the city of Jeollabuk-do, Jeollabuk-do, intends to acquire the company E, and to acquire the company, the acquisition fund is necessary, such as repayment in lieu of the above company’s liabilities.”
However, even if the defendant received money from the injured party as above for the acquisition fund of the E company, it was actually used as the acquisition fund of the said company, or there was no intention or ability to accept the said company.
Nevertheless, the Defendant: (a) made a false statement as above; and (b) during the above period from December 7, 201 to August 27, 2012, the victim B transferred money to the Defendant through F and L account for a total of KRW 70,50,000,000 from August 27, 201 to August 201; and (c) the part corresponding to the amount of damage (70,50,000) is not specified in detail; (b) however, the Defendant recognized that the amount of damage received from the victim during the above period under the pretext of acquiring the E company is KRW 70,50,000; and (c) stated that there is no disadvantage in exercising the right of defense even if each of the facts charged is not specified in the facts charged on the sixth trial date.
this shall be obtained and shall be acquired by fraud.
[2019 Highest 3205] The Defendant, as the operator of the D Co., Ltd., on June 19, 2015, is the Defendant at the H Office located in Gwangju Seo-gu, Seo-gu.