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A defendant shall be punished by imprisonment for six months.
The request of the applicant for compensation shall be dismissed.
Reasons
(b)the volume of one million won, and the volume of 2 million won if sold at retail;
If one month, the profit amount of KRW 10 million shall be high, and if so, the profit amount of KRW 20 million shall also be high.
At this time, 13 orders are intended to be sold, and 6-8 counters may be sold within 15 days in the remainder.
The principal and the profit shall be paid in one month of the payment of money.
“A false representation was made.”
However, in fact, the Defendant did not have any fact that there was no profit from KRW 10 million in one month while selling secondhand machines. In particular, even if the Defendant received the above investment from the injured party, such as opening a store at the time of receiving money from the injured party and failing to sell the secondhand machines, he did not have the intent or ability to pay the principal and interest of the investment to the injured party.
As above, the Defendant: (a) by deceiving the victim as above; and (b) received KRW 55 million from the victim on August 13, 2012 as the corporate bank account (191-**** -05-9016) in the name of Dae Farming Co., Ltd. for investment; and (c) received KRW 4.5 million from the same account on August 20, 2012, respectively.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Statement made by C by the witness in the third public trial protocol;
1. Partial entry of the suspect interrogation protocol for the accused to the prosecution;
1. Application of Acts and subordinate statutes on trading;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Determination as to the defendant and his defense counsel's assertion under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of compensation liability of the defendant is not clear, and thus, it is not reasonable to issue a compensation order in the litigation proceedings of this case)
1. The Defendant and his defense counsel’s assertion received investment from the injured party at the time of the instant case, and engaged in the sales business of high machinery and equipment with the injured party, but the business is not well-grounded.