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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[Criminal Power] On August 29, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for occupational embezzlement, etc. at the Seoul Eastern District Court on December 9, 2019 and the said judgment became final and conclusive on December 9, 2019.
【Criminal Facts】
On November 2017, the Defendant made a false statement to the victim D that “I would operate a mobile phone sales store by investing KRW 60 million in 30,000,000,000,000 to each party,” and that I would like to give 1/3 of the net profit generated from the operation of the mobile phone sales store, and would give 1/3 of the net profit generated from the operation of the mobile phone sales store.” On February 2018, the Defendant made a false statement to the victim D that “I would increase retail by making additional investments of KRW 15,00,000,000 to one more retail store by making additional investments.”
However, the Defendant was unable to make an investment of KRW 30 million due to the lack of the surplus funds held in a bad credit position at the time, and as such, No. 2 and No. 2 of the building E and No. 6 of the mobile phone sales store opened to the mobile phone sales store, there was no security deposit or premium. The Defendant thought that the Defendant would use the money received from the victim as the operating fund of the mobile phone sales business or the settlement fund for G, a partner, which was in progress separately. Therefore, even if the Defendant received the money for investment from the victim, he did not have an intention or ability to normally operate
Around February 6, 2018, the Defendant, by deceiving the victim, received KRW 30 million from the victim, to the IF account in the name of the Defendant’s wife H, and received KRW 15 million from the same account on or around March 12, 2018, and acquired KRW 45 million in total.
Summary of Evidence
1. Defendant's legal statement;
1. Each police station and prosecutor's office statement concerning D and G;
1. D and A notarial deeds, transfer specifications, investigation reports (the result of the first execution reply of a warrant of search and seizure inspection), accompanying documents, investigation reports (the second execution of a warrant of search and seizure inspection), search and seizure inspection warrants.