beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a representative director of M Co., Ltd. (hereinafter referred to as “M”) with the main interest of investor door and consulting business.
1. On April 21, 2015, the Defendant: (a) around April 20, 2015, at a mutual influent restaurant located in Suwon-si on April 20, 2015; (b) the victim BL entered Korea from abroad; and (c) the fund is insufficient to pay taxes in order to transfer the fund to Korea.
A loan of KRW 50 million shall be with 10% interest and shall be repaid within 10 days.
“The Kakao Stockholm message sent to the effect that the message was sent.”
However, the Defendant did not have any record of attracting overseas funds into Korea, and even if he did not have any specific confirmation of the substance of the said overseas fund funds, he did not have any intent or ability to pay the principal or interest to the victim within 10 days.
Around April 21, 2015, the Defendant: (a) by deceiving the victim; and (b) transferred the amount of KRW 50 million to the bank account (BM) in the name of the Defendant around April 21, 2015.
2. On August 10, 2015, around August 9, 2015, the Defendant: (a) around August 9, 2015, in the Defendant’s residence located in Gangnam-gu Seoul Metropolitan Government BN; (b) “foreign funds have already been transferred to a domestic bank; and (c) in order to enable the fund to be used in Korea, 1,200 money is required.
Money shall be repaid in full.
“The Kakao Stockholm message sent to the effect that the message was sent.”
However, since there was no fact that the defendant's overseas fund funds claimed by the defendant were remitted to Korea, even if the defendant received money from the victim, he did not have the intent or ability to use it as expenses related to overseas fund funds.
Around August 10, 2015, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 5 million to the account (BO) of M M bank from the victim; (c) around August 10, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by each police with respect to BL;
1. A statement of deposit transactions in the name of the Nonghyup, the complainant, and the suspect.