beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
1.5 million won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[2019 Highest901]
1. On February 22, 2019, the Defendant, at around 19:00 on February 20, 2019, presented a false joint business agreement with the victim C at the Defendant’s office located on the seventh floor of the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu (a joint business agreement with D and E Co., Ltd. to supply food materials and conduct joint business on the entrusted operation of the restaurant to each occupant restaurant directly operated by the F religious organization restaurant and training institute, training institute, hospital, church, etc.). “The contract for the supply and consignment of food materials to the directly operated restaurant and training institute, hospital, school, church, etc. related to the F religious organization may be transferred to KRW 200 million,00,000,000,000 won as the down payment, and the remainder of 190,000 won should be paid after the establishment and business registration of a separate juristic person.”
However, in fact, the Defendant did not have the authority to supply food materials to each occupant restaurant, training center, hospital, church, etc., and to entrust the entrusted operation of the restaurant. Thus, the Defendant did not have the authority to transfer the said authority to the victim. Therefore, the Defendant did not have any intent or ability to transfer the said contract to the victim.
Nevertheless, the defendant deceivings the victim as above and acquired 10,000 won from the victim to the corporate bank account (G) in the name of the defendant on the 22th of the same month.
2. On April 3, 2019, the Defendant committed fraud, on April 4, 2019, said that “A victim I would be provided with a building sale contract (sale contract amounting to KRW 1.60 million), building lease contract (lease deposit) in Seocho-gu, Incheon Metropolitan City, with a building lease contract (lease deposit amount to KRW 50 million) located in Yong-gu, Seoul.”
However, it is true.