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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
At the end of August 2009, the Defendant made a false statement to the effect that “The Defendant is aware of the president in a high-level farmer-friendly manner.” The Defendant is promoting a business that would receive a large amount of profit from all 38 associations and government-invested institutions, high-level scrap metal generated from public institutions, and scrap metal imported from Russia through a company operated by the Republic of Korea. It is thought that the Defendant would invest KRW 500 million through a company operated by the Republic of Korea, and one of them would leave considerable profit if it invests KRW 100 million.”
However, at the time, the Defendant did not have conducted any prior examination as to whether the above business was normally carried out or the profitability of the above business was earned, and the Defendant did not make any own investment and did not intend to attract all the same investors as the victim. The Defendant, at the time, intended to make an oral promise to invest only KRW 300 million in E, referred to as the “chairperson”, even if the Defendant received money from the victim, he had a plan to use the said money in a personal urgent room, and did not have any desire to actually make an investment. Thus, even if he received money from the victim, he did not have any intent or ability to use the said money as investment money or to reduce the profit to the victim.
Ultimately, after deceiving the victim as above, on November 2009, the Defendant, by deceiving the victim to the effect that “the down payment shall be made. It shall be possible to pay 100 million won as soon as possible,” and by deceiving the victim, the Defendant received KRW 100 million from the Defendant G Co., Ltd. office in the name of the Defendant, in the name of the Defendant (Account Number H) from November 27, 2009.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and I;
1. An interrogation protocol of the accused by the prosecution (including the parts in D and I statements);
1. E.