beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 26, 2011, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Northern District Court (Seoul Northern District Court) and one year of suspended execution on June 3, 201, which became final and conclusive on September 12, 2012, and was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Western District Court (Seoul Western District Court). The judgment became final and conclusive on December 14, 2012.
On December 8, 2010, the Defendant made a false statement to the effect that “D” stores operated by the Defendant on the second floor of the Seodaemun-gu Seoul Building C, Seodaemun-gu, Seoul, with the effect that “When investing KRW 150,000,000 in D stores, the Defendant may guarantee the principal and gain profits of KRW 50,000,000 per month.” The Defendant would have a multi-household housing with KRW 250,000 and KRW 250,000,000,000 per month.”
However, the claim for the refund of the lease deposit with respect to the above store did not remain offset against the lessor's management expenses claim, and in the case of the above multi-household third-class house, the prior lease deposit and the claim for the refund of the lease deposit with priority was paid in KRW 322 million, and the Defendant was notified on December 3, 2010 that the lease contract was terminated due to the following reasons: (a) it is unclear whether the above store can be operated properly even if receiving an investment from the victim even if it was made, and (b) it was not possible to guarantee the victim the principal and the profit if the business was not run properly; and (c) the Defendant did not have any intent or ability to make a full payment even if having borrowed money.
On December 8, 2010, the Defendant, by deceiving the victim as above, received KRW 150 million in total from the victim under the pretext of investment, and received KRW 160 million in loan in relation to the operation of the above store on February 10, 201 and received KRW 10 million in total from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspects concerning G;
1. The prosecutor's statement concerning H;
1. The police of E.