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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2014 Highest 144"
1. Around July 2011, the Defendant made a false statement to the victim G through F that “Ewa Holdings is well operated, and the interior works may be made more profits.” Around July 201, the Defendant made a false statement to the effect that “The Defendant would distribute 20% of the profits if the Plaintiff invested KRW 300 million in the face of investment in the face of investment.”
However, the fact is that the above Ewe Holdings is operated in a de facto hostile state, and even if it is invested by the victim, it did not have the intent or ability to distribute 20% of its profits to the victim.
Around August 12, 2011, the Defendant received KRW 100 million, and KRW 200 million, around September 5, 2011, from the victim, at the mountainous district office located in Seocho-gu, Seoul, Seocho-gu, Seoul, a law firm office located in 1573-10.
Accordingly, the defendant was given property amounting to KRW 300 million by deceiving the victim.
2. The Defendant, like the foregoing Paragraph 1, was operated in the state of the enemy, so it is impossible to distribute profits. However, in order to show as if the victims have suffered profits, the Defendant issued to the victims a false statement on the current status of sales and reservation, and paid KRW 5 million around September 201, KRW 12.6 million around October 201, and KRW 17 million around December 201, respectively.
After that, on January 2012, the Defendant stated that “The Defendant would pay to the Defendant a total of 40% of the earnings when investing KRW 33,3340,000,000, in addition to 20% of the earnings when making an investment.”
However, in fact, even if the above Ewe Holdings continues to be operated in a hostile state, there was no intent or ability to distribute 40% of the profits to the victim even though it received an investment from the victim.
The defendant shall distribute Seocho-gu Seoul Metropolitan Government distribution around February 8, 2012 from the victim.