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A defendant shall be punished by imprisonment for one year.
The defendant shall pay C, who is an applicant for compensation, KRW 150,000,000.
3.2
Reasons
Punishment of the crime
The Defendant is a person who operates a fluorial fluorri with the trade name “E” in Seo-gu Daejeon.
On April 20, 2011, the Defendant made a false statement to the victim C with the following purport: “E Lestop cannot receive any pre-paid loss due to lack of space at present, and it would be black. When investing KRW 150 million, the Defendant opened the event room by modifying Lestop’s singing, operating E as a partnership business, distributing 40% of profits by operating E as a partnership business, and returning the principal after two years, it would bring more profits than the salary the Defendant received while living in the workplace.”
However, the above E E E E E E E is in the state of self-operation, and the defendant has been in arrears for several months, and the defendant has been able to pay back the rental fee of KRW 7 million per month, and even if he/she has received an investment of KRW 150 million from the victim, he/she has no intention or ability to immediately open the event with the fund and distribute the proceeds from E E E E E E E E E is distributed to the victim or to return the principal after two years.
The Defendant, by deceiving the victim as such, received KRW 150 million from the victim to the Defendant’s national bank account under the same day of investment.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. A protocol of examination of part of the defendant by prosecution;
1. Determination as to the defendant's assertion of the same trade contract and the reference table requesting non-compliance of transactions
1. The Defendant asserts that the Defendant did not belong to the victim because the victim had fully known the Erastop business status and invested in the entire Erasto (hereinafter “instant restaurant”).
2. Determination
A. The evidence duly adopted and examined by this Court, including the above evidence.