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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Around October 2010, the Defendant: (a) at the CFC located in the Youngdo-gu Busan, Busan; (b) stated to the effect that “The victim D is traveling along the EN Entertainment in Seoul; (c) the EN Entertainment FF head of the EN Entertainment, and the head of G office are profitability and security; (d) the purpose of the EN Entertainment business is to establish and operate the EN Entertainment under the name of EN; (c) the Defendant is to establish and operate the EN Entertainment under the name of EN because the internal credit is not good; and (d) if the business is carried out, the amount of monthly revenue would be 40 million won and 50 million won, and if the business is carried out, the monthly revenue would be 40 million won and 50 million won.”
However, in fact, even if the Defendant received the investment money from the victim, he did not have the intention or ability to distribute the profits by normally performing the business even if he did not receive the investment money from the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 32.5 million from the victim on November 18, 2010, and received KRW 10 million on December 10 of the same year and KRW 2.5 million on December 19, 2010, including KRW 2.5 million on December 19, 201.
2. On March 201, 201, the Defendant stated that “In order for us to operate an I Entertainment Planning Team, the Ban car needs to be used. A car contract should be entered into with a loan from H capital capital under the name of the present planning company representative, but now H purchased a vehicle with a loan from Jeju-do as soon as it is late in Jeju-do, and then changed the name of H in the name of H after two to three days.”
However, the Defendant, at the time, thought that the loan under the name of the purchase price of a vehicle would be commercialized immediately after purchasing the vehicle (hereinafter referred to as "proker"), and thus, even if he/she receives a loan under the name of the victim, he/she shall repay the obligation of the loan.