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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 2013, the Defendant: (a) managed a warehouse with a 5,00 trillion won or more with a victim D, in the office of Hancheon-gu Seoul Special Metropolitan City, Busan Special Metropolitan City, 203, Inc., Ltd. (hereinafter “E”); (b) around August 8, 2013, the Defendant, along with the victim D, managed a warehouse with a 5,000 trillion won in size; and (c) required expenses for reorganization of the warehouse. If the Defendant borrowed money at the expense, he/she would be able to make a hotel up with the amount of KRW 2.5 billion out of E, and will be able to receive a subcontract for the construction work equivalent to KRW 40 million and the construction work equivalent to KRW 50 billion in the window from the Ha-dong Special Metropolitan City.
However, in fact, the defendant did not manage the above E with the victim, and he was unable to receive investments from the person E to set up a hotel or subcontract a large-scale construction to the victim, and even if he received money from the victim, he did not have the intent or ability to pay it.
Nevertheless, around December 6, 2013, the Defendant, by deceiving the victim as above, received KRW 3 million in the name of the post office account (F) in the name of the Defendant, KRW 14 million in the same account around December 9, 2013, and KRW 25 million in the same account around January 13, 2014, including KRW 8 million in the same account.
2. Around January 29, 2014, the Defendant made a false statement to the above victim that “A person who has made this payment, would be able to do so, and that a person who borrowed money would repay the money together with the borrowed money prior to the lending of expenses.”
However, the defendant did not have any place to receive investment money clearly, and even if he received money from the victim on the pretext of expenses, he did not have any intention or ability to pay it.
Nevertheless, on February 11, 2014, the Defendant, by deceiving the victim as above, received KRW 50,000 from the victim, a transfer of KRW 50,00 from the Defendant’s G bank (H) account in the name of G, and received a total of KRW 4,55,00 for expenses on 12 occasions, as shown in the attached List of Crimes.
Summary of Evidence
1. The defendant;