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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 6, 2011, the Defendant, at a law firm D office located in the 16th floor of Seocho-gu Seoul Metropolitan Government, concluded that “The Victim E is planned to establish a Italian legal entity “F” in Italian, and if 35 million won is invested, 1.5% of the shares is established by establishing Italian legal entity, and 1 year after the date of establishment of the legal entity will pay dividends.”
However, at the time, the Defendant was liable to pay approximately one billion won to a financial institution, while there was no particular revenue, and there was no investment from another person in connection with the establishment of a Italian legal entity (in fact, the Defendant did not depart from Italian for the establishment of a Italian legal entity after receiving money from the victim). Since the Defendant was planned to use money from the victim as the cost of establishing the Italian legal entity, not the cost of establishing the Italian legal entity, but the cost of establishing the Italian legal entity, and even if he was planned to use money from the victim, there was no intention
As above, the Defendant deceptioned the victim and acquired 35 million won from the victim.
2. Around August 3, 2011, the Defendant made a false statement to the effect that “The Defendant would resolve all the existing investment issues if it lends almost three million won to the victim, because he/she had almost been operating the business.”
However, there was no plan to establish Italian legal entity at all at the time, there was no plan to return the investment money received from the victim, and there was no intention or ability to pay it even if the defendant received money from the victim, such as there was no particular income from the defendant.
As above, the Defendant deceivings the victim, thereby deceiving 3 million won from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The witness E’s legal statement 1.