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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
The Defendant, “2017 Highest 2295,” is a person who actually operates a stock company B and conducts a sales agency business, and the victim C is a person who operates a stock company D (hereinafter “D”) and operates a foreign exchange brokerage business.
around April 2015, the Defendant: “The Victim, who became aware of D’s director E, is running a business of selling alternative schools in English in Gwangju, operating a business of selling in Busan, will receive a fee equivalent to KRW 10-2 billion from the end of June 2015, and would want to make an investment in D in an amount equivalent to KRW 1 billion from the receipt of the sales commission,” and “I would like to make an investment in the amount of KRW 1 billion from the receipt of the sales commission,” and “I would like to make a prompt decline at any time.” In relation to the Gwangju sales in which the Defendant is proceeding on May 2015, the amount of KRW 15 million was entered with the Defendant’s average salary, etc., and the amount of KRW 15 million was insufficient for the Company, and around June 22, 2015, the Victim called “I would make a loan to the Defendant by the end of June 25, 2015.”
However, even if the Defendant received KRW 20 million from the victim, he did not think that it would be used as expenses required for the sale of alternative school membership in the English market in Gwangju G. At the time, the said G commercial building was entrusted to H around November 4, 2013, and the public sale of the commercial building was made on or around April 28, 2014. On or around April 29, 2015, the relationship of rights was complicated, such as the trust with the JJ corporation, and it was impossible to sell the alternative school membership in English until the end of June 7, 2016, and thus, there was no intention or ability to invest KRW 1 billion in D with the sales commission or pay KRW 20 million to the victim.
Nevertheless, the Defendant is above.