Text
A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
Defendant
A Co-Defendant D and from June 2010 to August 2013, 2013, jointly operated the “F” database from Seoul Seodaemun-gu E and from April to July 7, 2013.
The Defendant around December 28, 2012, in the vicinity of Seocho-gu Seoul Metropolitan Government Seocho-gu, the victim G, “G is operating the domestic Fweve services, annual sales are KRW 4 billion, annual net income is KRW 1 billion, and the monthly net income is KRW 100 million.
If you accept 10 million won 250,000 won in the investment year, 100,000 won per month shall be distributed to each person, and if you wish within six months, she shall be entitled to redeem the shares at any time.
However, the above net income for one year of the trading hole was limited to KRW 100 million, and the defendant illegally operated the trading hole without obtaining permission for change of use, and was unable to pay the supplier's price, management expenses, rent, etc. for several months. Even if the defendant received the investment from the injured party, he did not have any intent or ability to distribute the profits in accordance with the agreement to the injured party or return the investment money.
As such, the Defendant, by deceiving the victim and deceiving the victim on January 30, 2013, constitutes a clerical error in the facts charged, and thus, recognized the Defendant ex officio. The Defendant, under the pretext of the foregoing investment money, acquired the money by deceiving the victim to the national bank account in the name of the Defendant’s wife, with KRW 250 million transferred to the national bank account in the name of the Defendant’s wife.
[1] In light of the statements made by the victim and I, it is recognized that the defendant agreed to pay the victim the amount of 10 million won per month.
2. At the time of crowdfunding, the fact that the party was urged to pay the management expenses, rents, etc. from the building management body, the fact that the defrauded was used to pay the management expenses and rents, the fact that the sales have fallen due to the conflict between the defendant and the J, and the defendant was also in the lawsuit against the order of brokerage on June 29, 2012.