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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On August 2015, the Defendant made a false statement to the effect that “The Defendant would return KRW 100,000 to KRW 100,000,000 if the Defendant invested 26 million in this business,” to the victim’s Audio sales room operated by the victim C in Eunpyeong-gu Seoul Metropolitan Government.”
However, in fact, the defendant thought that he would use the money invested by the victim for personal purposes, such as lease deposit of the defendant, rather than the Chinese clothing business, and there was no intention or ability to pay the victim the money as above in relation to the Chinese clothing business.
Nevertheless, on August 2015, the Defendant was issued two copies of a cashier's check, the face value of which is KRW 10 million, and one million at face value, which is one million in Chinese clothing business, by deceiving the victim as if the Defendant would pay high profits to the Chinese clothing business.
2. On September 17, 2015, the Defendant made a false statement to the said victim stating that “The Defendant would give any money to purchase the clothing in China, and to make any more deposit of additional money.”
However, the defendant was thought to use the money invested by the victim for personal purposes such as living expenses of the defendant, not for the Chinese clothes business, and there was no intention or ability to pay the money to the victim in relation to the Chinese clothing business.
Nevertheless, the Defendant, who made an investment in the Chinese clothing business, had the victim enticed as if he were to pay high profits, and had the victim transferred 3.4 million won from the account in the name of the Defendant to the account in the name of the Defendant.
3. On October 10, 2015, the Defendant made a false statement that “The Defendant would immediately repay the amount to the Defendant, if he/she is going to Seoul, where he/she is going to Seoul.”
However, the defendant is basic in a bad credit condition at the time.