beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant pays 1550 million won to the applicant for compensation by fraud.
Reasons
Punishment of the crime
1. On August 16, 2012, the Defendant made a false statement to the victim V, “In the office of “X” located in the Nam-gu Incheon Metropolitan City, Incheon, the Defendant would not only guarantee the principal and interest, but also guarantee the profits of 7% per month by installing and operating a personal seal plate in a manner that makes an investment in the personal seal plate business of “X” to the victim V.
However, the Defendant thought that he would use the money that he received from the victim from the beginning for the Y projects related to the distribution of medical devices and the operation of the convalescent hospital, which the Defendant concluded an investment contract with B, instead of the above smart food market business. The above Y projects were not equipped with basic distribution network, and the convalescent hospital did not have any situation where the construction was not completed as a result of a dispute with the land seller, and thus, the convalescent hospital did not have any situation where he could pay the cash, and even if the money received from the victim was used for the smart food market business, it did not have any intention or ability to make payment to the victim of the money that was promised by generating profits by installing and operating the smart food market as agreed above. Thus, it did not have any intention or ability to make payment to the victim of the money that the Defendant promised by generating profits from the installation and operation of the smart food market, as agreed above.
Ultimately, around August 16, 2012, the Defendant, as seen above, received KRW 31 million from August 16, 2012 to October 15, 2012 in total six times from around August 16, 2012 to around October 15, 2012, including that the Defendant received KRW 31 million under the name of the national bank account (P) in the name of the Defendant’s Dong resident, as indicated in the list of crimes.
2. On October 5, 2012, the criminal defendant against the victim’s Z did not have an intent or ability to pay the profits promised in the above “X” office.