beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a person who operates the LABD.
1. On November 10, 2010, the Defendant: (a) at the office of the Nam-gu Incheon Metropolitan City Incheon Metropolitan City, the victim F, “A company within the territory of the Republic of Korea is operating its business in Vietnam; (b) there is a shortage of funds; and (c) if a loan is made, the Defendant would refund KRW 60 million under the name of principal and interest within one month; and (d) around November 12, 2010, the Defendant was remitted from the victim who believed the Defendant’s horse to the new bank account (G) in the name of the Defendant.
However, at the time of fact, Defendant operation company did not carry out its business in Vietnam, and there was no intention or ability to pay 60 million won to the victim as principal and interest within one month due to the aggravation of financial standing of Defendant company.
Accordingly, the defendant deceivings the victim, thereby deceiving 30 million won from the victim as the borrowed money.
2. The Defendant, around February 16, 201, may recover 5 billion won including principal from the victim’s deposit account (G) within six months, if he/she invested 1 billion won in He/she made an investment to H engaged in business in Vietnam, at the coffee shop located in the Nam-gu Incheon Metropolitan City, on or after February 16, 201. As such, one billion won of the investment one billion won should be first invested, and the remainder90 million won should be appropriated for the purchase price after he/she purchases the victim’s land within two months and reduces the interest burden on 100 million won, as well as for the remainder of 90 million won, if he/she makes an investment with a loan of 100 million won. As such, the Defendant’s reliance on the Defendant’s horse was remitted from the victim to the new bank account (G) in the name of the Defendant on February 21, 201, and around February 23, 2011, respectively.
However, at the time of fact, the defendant company failed to prepare the rental deposit and office operation expenses due to the aggravation of the financial situation of the defendant company.