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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. The Defendant did not have a certain occupation, and there was no fact that he concluded, or was engaged in the sale of, the above electric reduction devices since he did not have any connection with the lower energy Co., Ltd., Ltd., a business owner manufacturing electric reduction devices, with respect to the above business, and thus, he did not intend or have the ability to grant profits by using the same or to return the principal
On December 13, 2011, the Defendant made a false statement to the victim D at the Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Office stating that “The Defendant would be able to impose on the victim D a short-term amount of money if an investment is made in the river-to-Energy Co., Ltd., Ltd., the electricity-saving device manufacturing chain. There have been many places where the Defendant has been carrying out the above business so far, and that the amount of KRW 100 million would be raised as soon as there is a lot of place where the contract was concluded.
The Defendant, from the above date to February 2012, had the victim bear a total of KRW 1,2680,000,000,000 as operating expenses, including monthly rent of KRW 503-2 months in Seoul Special Metropolitan City E-building 503-2 months from the above date to February 2012, acquired financial benefits equivalent to the above amount.
2. As set out in the above 1., the Defendant, as in the foregoing 1., drafted a performance contract to D, each of the following purport: “Around March 6, 2012, the Defendant would pay KRW 15 million at the Dongjak-gu Seoul Metropolitan Government Office’s office until March 30, 2012” to the effect that “I will pay KRW 15 million” from May 12, 2012 to D’s office, “I will pay KRW 15 million until May 16, 2012.”
Nevertheless, the defendant did not prepare money for the above repayment date, and the above written statement and performance contract are forced to have been made by detention and violence of D.