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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant was liable to C for an excessive amount of KRW 320,000,000 to the Defendant, while there was no actual income, and even if the Defendant did not have agreed to receive a large amount of investment from a third party, such as D, and even if the Defendant borrowed money from the victim E, the Defendant did not have the intent or ability to repay it;
1. On August 26, 2015, the G Beauty operated by the victim E in Suwon-gu, Busan around August 26, 2015, the victim made a false statement to the effect that “If the victim lent money for lack of public charges, material expenses, etc. necessary to operate H, he/she would have to make an investment in his/her own capital, and the Chairperson, who was aware of his/her knowledge around Dec. 26, 2015, would have received an investment in his/her own capital from the victim who suffered damage.” The victim received KRW 700,000 from the Defendant’s corporate bank account in the name of the Defendant, the Defendant’s birth, to receive KRW 1 million from the victim.
2. On October 5, 2015, at the same place, the victim made a false statement to the effect that “on December 2015, 2015, if the Plaintiff borrowed money to operate the said Company H, the said Chairperson would receive an investment in the said money from the victim, and then received KRW 1 million from the victim to the same account in the said I’s name on the same day;
3. On October 12, 2015, at the same place, the victim made a false statement to the effect that “on December 2, 2015, if he/she lends money to the J, he/she would receive an investment from the said Chairperson to repay the said amount of money,” and the victim received KRW 2 million from the victim to the same account in the said I’s name on the same day;
4. Around November 2, 2015, at the same place, the victim made a false statement to the effect that “on the face of lending money that is insufficient to operate the said H, the said Chairperson would receive an investment in the said money from the victim on December 2, 2015,” and the victim received KRW 4 million from the victim to the same account in the said I’s name on the same day.