A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

The defendant, as the representative of the Co., Ltd. C for the purpose of manufacturing and selling cosmetics, introduced foreign patients from foreign transfer sets of cosmetics to victims D, E, and F, who are doctors, and introduced them to treat foreign patients and let them treat foreign patients and distribute profits therefrom to victims. On April 2012, the defendant made a false statement that "it is difficult to carry out the business due to the difference between the consulting company and the doctor of the procedure, making a joint corporation with each share of the victims, and the establishment of the corporation is carrying out the business."

However, at the time of fact, the defendant did not have any intention or ability to establish a corporation because he was able to use the corporation's operating expenses even if he was paid the corporation's establishment expenses from the victims in light of the situation where the financial situation of C is difficult to the extent that he could not pay monthly salary to its employees.

Nevertheless, as above, the Defendant, by deceiving the victims as above, received from the victim F to the corporate bank account opened in the name of G, which was managed by the Defendant on May 12, 2012, as the expenses for the establishment of the corporation, and received the transfer of the total amount of KRW 198,338,00 from the victims nine times in total by August 3, 2012, from that time, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Investigation reports (Investigation of correspondence accounts);

1. Application of Acts and subordinate statutes on transactions in accounts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;