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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 27, 2014, the Defendant was working as the head of the planning office of an incorporated association C (hereinafter referred to as the “Association”). Around March 27, 2014, the Association is unable to engage in profit-making business despite the difficulty of operating the Association only with the government subsidies or support payments. If the Party establishes and operates a separate corporation, the Association has made a proposal that “if it operates a separate corporation, it would reduce part of its profits to the Association according to its business activities from the local government, and the victim D, upon receiving the Defendant’s proposal, decided to establish the legal entity together with victims E, victims F, and victims G.
1. On May 23, 2014, the Defendant stated that “the victims shall participate in the profit-making business of the Association by any other person, and the Association of the People’s Republic of Korea shall also be able to believe and proceed with the work that they should participate in the establishment of a profit-making business of the Association.” As such, first of all, the Defendant shall deposit KRW 10 million in the name of investment, and return it upon the incorporation of a corporation.”
However, even if the victims establish a separate juristic person, the defendant did not have the intention or ability to operate the juristic person, and even if he received KRW 10 million from the victims, he did not have the intention or ability to return it.
Nevertheless, as seen above, the defendant got false statements to the victims and then acquired 10 million won from the victims to the corporate bank account in the name of the defendant's father on the same day.
2. On July 17, 2014, the Defendant, at the mutual infinite coffee shop located in Mapo-gu Seoul Metropolitan Government Seocho-gu around July 17, 2014, planned to enter the Association’s J, and the Defendant would have several profit-making businesses for the Association.
The phrase “a project fund is required to promptly develop the project,” and the name of the president of the Association that “an investment of KRW 25 million shall be made to the new construction of a factory in the J-indic Water Process under the name of the president of the Association.”