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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The defrauded Defendant, at the “C” coffee shop located on the second floor of the building B at the pinju-si, on January 2016, 2016, deposited money for “E’s mutually operated restaurant and C’s mutually operated coffee shop is equivalent to KRW 200 million.
E In order to change the category of business to sugar house, when investing KRW 100 million, it will be used for construction expenses for capital reduction house, and 50% of net profit excluding operating expenses in sales will be paid monthly, and the principal of investment will be guaranteed by changing the status of C lessee whose deposit amount of KRW 100 million remains.
“The purpose of “ was to make a false statement.”
However, in fact, while the Defendant did not have any property with bad credit standing, the deposit of E and C was merely KRW 100 million, and the deposit of 100 million won was fully deducted from the monthly rent and management expenses in arrears. Even if the Defendant received the investment from the injured party, he was merely intended to use the personal debt repayment, not the cost of capital reduction, and thus, he did not have any intent or ability to guarantee the principal, even if receiving the investment from the injured party.
On February 12, 2016, the Defendant: (a) by deceiving the victim; (b) obtained money from the victim to the Agricultural Cooperative account in the name of F designated by the Defendant on February 12, 2016; and (c) obtained money from the victim, including KRW 80,000,000,000,000,000 from the bank account in the name of F to the Korean bank account on February 17, 2016.
2. On March 25, 2016, the Defendant of a private document: (a) indicated in the column for the location of a real estate lease agreement at the location stipulated in paragraph (1) of the same Article as “part of the second floor of the building B at the Gyeonggi-si, Gyeonggi-do; (b) the term “one billion won” as “from March 28, 2016 to February 28, 2018; and (c) stated in the lessor column as “G” and “H,” the lessee column, “H,” and was in possession of the G’s name.
G’s painting;