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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 13, 2013, the Defendant, at a drinking house where it is impossible to know the trade name in the king of Seongdong-gu Seoul Metropolitan Government, could recover the amount of investment and make a lot of money to the victim D (E and F) who was aware of the trade name, thereby making an investment of KRW 50 million to operate a mobile phone sales agency in the telemarketing method.In making a proposal, the Defendant made a false statement that the Defendant would pay KRW 55 million to the mobile phone wholesale company as a security deposit, and then, the Defendant would have the victim invest KRW 50 million in the amount of the trade name, and manage the above investment amount and operating funds such as profits from the same business by using the bank account (E and F) in the name of the victim.
On March 20, 2013, the Defendant leased an office located in Seongdong-gu Seoul Metropolitan Government with the victim as well as an office located in Seongdong-gu, and opened a mobile phone sales agency (hereinafter “H”) with the trade name “H” at the above place on April 1, 2013, and operated it by telemarketing, and managed operating funds with a physical card for the above accounts opened in the name of the victim. A credit card two copies of the credit card issued by the victim were used by the Defendant for H operation, and the card price was to be paid as funds for the mobile phone sales store.
In addition, while operating the victim and H, the defendant provided the cell phone from K operated by the J in Gwangjin-gu Seoul Special Metropolitan City, and sold the cell phone to customers, and received fees from K for opening the cell phone and divided one half of the profits with the victim.
1. On March 29, 2013, the Defendant’s embezzlement of KRW 3 million on March 29, 2013, in order to sell a cell phone by phone to the victim at an influorial place located in Geumho-dong Seoul, on March 22:20, 2013, the Defendant shall make a payment to the victim, who is the president of the branch office, on the ground of the inner name and branch office.
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