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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant, around March 9, 2014, at the Defendant’s office located on the first floor underground of the building located in Gangnam-gu Seoul Metropolitan Government, stated that “E is an overseas performance team and annual sales are close to KRW 2 billion. The amount invested in the case pop performance team. The Defendant will be able to provide a guarantee for the amount invested. The invested money will not be used for personal purposes. The investment period is two years and the first one year is to pay 10% of the investment principal and 5% of the investment principal for the remainder of one year.”
However, in fact, as the Defendant had experienced financial difficulties, such as failure to pay employees’ benefits, and had been in excess of his/her obligation, the Defendant merely intended to use the said money to repay the existing debt even if he/she received the said money from the victim, and did not intend to make an investment in the pop performance team. Moreover, the wife and mother did not have the intent to have the wife and mother as the guarantor and did not have the money to be deposited into the next week, and there was no money to be deposited into the next week, so the Defendant did not have the intent
The Defendant, as above, by deceiving the victim as above, received 30 million won from the victim to the account in the name of the Defendant’s motherF under the pretext of investment deposit around the 11th of the same month.
2. On May 2, 2014, the Defendant stated that “Around May 2, 2014, in front of the victim D’s residence in Songju-dong, Gwangju-si, the Defendant lent 5 million won to the head of the house and borrowed 5 million won to the head of the house.”
However, in fact, the defendant did not have to deduct his house, and had the intent to use the loan from the victim to repay other debts, and had experienced financial difficulties, such as failure to pay wages to employees, and had no intention or ability to pay the money to the victim, as stated in paragraph 1.