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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 25, 2012, the Defendant is in need of KRW 30 million with the initial establishment cost in order to establish a “D” branch to the victim in the beauty service room operated by the victim C in Seongbuk-gu, Seongbuk-gu, Sungnam-si.
On February 2, 2013, I will return the principal by the open date of the "D" branch of Thailand, and grant the core sponsor's license of the "D" branch of Thailand.
In that end, 10 million won per month shall be entered in the passbook.
If a corporation is established in Thailand, money was raised at the headquarters of the United States "D," and the head office of the United States "D," stating that the money will be returned to the principal."
However, in order to establish a “D” branch in Thailand, there is a need for more than KRW 88,900 ($ 95,000) to make an initial investment amount, such as multi-level license cost, but the Defendant was unable to make the said money except KRW 30 million borrowed from the injured party due to lack of special property. On the other hand, at the headquarters of the United States “D” in the establishment of Thailand, the Defendant was merely planned to receive an investment by having the actual inspection and confirmation of the enterprise from the Thailand. On the other hand, there was no circumstance such as receiving a prior promise to receive an investment from the U.S. head office from the U.S. “D” head office, so there was no need to clarify whether the principal may be returned to the injured party until February 2013. For E in Thailand the initial establishment cost of the “D” branch in Thailand and the remainder was intended to be used as personal debt, living expenses, etc.
As above, the Defendant, by deceiving the victim and by deceiving the victim, transferred the total amount of KRW 30 million, including KRW 16 million on November 26, 2012 and KRW 14 million on November 27, 2012, to the Agricultural Cooperative account in the name of the Defendant.
Summary of Evidence
1. A protocol concerning the examination of suspects of public prosecution against F and G;
1. Statement made by each prosecutor to C and E;
1. Each protocol concerning the interrogation of the police in F and G (C statement).