Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
"2017 Highest 6836"
1. Around January 2010, the Defendant made a false statement to the effect that “The Victim D shall be granted the right to extract aggregate, such as sand, etc. accumulated in the original E-si land and the islands, both the neighboring land, and the right to develop a mine,” and that only little profits may be paid if the Defendant made an investment. F’s regularly registered director will be engaged in the same kind of business, thereby paying profits.”
However, in fact, the Defendant did not have obtained the right to extract aggregate, such as sand in the Hanju Island and the right to develop mines in the Hanju-si, and thought that the Defendant would receive money from the victims to use it as personal living expenses, repayment of borrowed money, etc., which is not investment funds for development projects, so even if the Defendant received money from the victims, the Defendant did not have the intent or ability to pay the victim
On January 20, 2010, the Defendant, by deceiving the victim as such, received 3 million won from a national bank in the name of C under the pretext of investment in development projects on January 20, 2010, from that time to April 5, 2012, and received a total of 29.9 million won from that time, as shown in the list of crimes in attached Table, from that time.
"2018 Highest 7791"
2. On September 10, 2018, at around 14:00, the Defendant: (a) received a proposal from a person who, in the name of the Defendant, sent a physical card under the name of the Defendant in front of the Guro-gu Seoul Metropolitan Building, sent a loan; and (b) sent two copies of the physical card linked respectively to the company bank account under the name of the Defendant; and (c) one bank account.
Accordingly, the Defendant transferred the means of access to each other.
Summary of Evidence
"2017 Highest 6836"
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Examination protocol of the accused by prosecution;
1. Each police statement concerning D;
1. "Plan for approving mining, design specifications, and transfer specifications";
1. Defendant's legal statement;
1. H. H.