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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On April 16, 2015, the Defendant was sentenced to a suspended sentence of two years on April 24, 2015 due to a violation of the Labor Standards Act in support of the Sungnam branch of Suwon branch of Suwon branch of Korea, and the said judgment became final and conclusive on the same month.
On November 2014, the Defendant, as the representative of C, engaged in solar power generation business, at the coffee shop where it is impossible to know the trade name inside-dong during the Seocho-si on the early 2014, the Defendant would return the amount of KRW 30 million with the principal amount of KRW 30 million and expenses to D.
In addition, it is possible to make an investment once again, and it is possible to return the investment money and make an investment again whenever there are many enterprises that are currently in progress.
On February 10, 2015, around the 10th of the same month, the Seocho-gu Seoul Central District Court concluded a financial investment agreement that the repayment of 300 million won to the victim and the investment funds in the coffee shop near the Seocho-gu Seoul Central District Court will be made on February 10, 2015, and only the solar power generation work in South E and F stable will use the investment funds of the victimized person.
However, at the time of fact, the Defendant’s solar power generation project did not normally proceed, and the above company’s funds were almost nonexistent. Even if the Defendant received the above investment money from the injured party, the Defendant intended to use it as his/her debt repayment, credit card use payment, and other construction sites expenses, and thus, even if receiving the above investment money from the injured party, there was no intention or ability to repay 10% of the invested principal and the invested principal.
Defendant deceptioned the victim as above, and acquired the victim’s money from the victim on November 10, 2014, a total of KRW 300 million on November 10, 2014, and KRW 50 million on the 19.5 million of the same month from the victim to the one bank account in the name of C.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The investment contract;