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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is the representative director of C Co., Ltd. who carries on game development and distribution business.
The Defendant did not have any special profits in the above company, and was faced with financial difficulties due to the delinquency in paying the employee’s benefits and the fourth social insurance, and was willing to borrow operational funds through D, an employee of the above company.
On June 15, 2012, the Defendant made a false statement to the F restaurant located in Seongbuk-gu, Sungnam-gu, Sungnam-si, that “H, via D, by entering into a contract to sell I game products with C having the right to purchase for the following communication, 3 billion won will be paid later than two months. If 200 million won is leased, the Defendant would have distributed part of C’s shares, and would purchase Internet-related goods purchased from C through G.”
However, the fact was that the conclusion of a contract to sell I’s game products with the right to purchase was not confirmed in the following communication, and it was uncertain whether C Company is able to obtain profits through the above game products since C Company did not have yet to withdraw or have failed to participate in commercialization even those game products developed or owned with the right to purchase. C Company has aggravated financial standing to the extent of employees’ pay and tax in arrears due to its lack of particular profits, and even if C Company borrowed money from the victim due to its failure to pay 6 billion won or more, it did not have the intent or ability to pay the money even if it borrowed money from the victim, and the Defendant did not have the intent to distribute part of the shares of C Company to the victim, and C Company did not have the intent or ability to purchase Internet-related goods through the victim company.
The Defendant, as such, deceiving the victim, and deceiving him/her from the victim, is 18.0 million won around June 27, 2012.