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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who had been actually operating B and C with the main focus on the business of planning sports events from October 2012 to August 2017 (state).
1. On March 2013, the Defendant: (a) obtained a false statement to the victim F that he/she deposited KRW 50,000,000,000 to the Kki Camp G, a company operating Driart, with a deposit of KRW 100,00 in order to secure more accommodation in order to increase the future sales; (b) if the Defendant borrowed KRW 100,000,000 as a deposit, he/she would pay interest at 2% per month and return the principal at any time if he/she requests the refund of the principal, and even if he/she receives the deposit from the G, he/she would receive the deposit.
However, even if the Defendant borrowed the above money from the injured party, the Defendant did not pay the money as a security deposit to the G (State)G operating the D premium, planned to use the general business operation fund, repayment of existing loans, living expenses, etc. at the time, and there was no intention or ability to pay the above borrowed money normally to the injured party, as economic situation is not good, such as the Defendant already bears the obligation of loans equivalent to KRW 300 million, credit card payment, etc.
Nevertheless, on April 1, 2013, the Defendant received KRW 80 million from the injured party to the H bank account under the name of the Defendant, and received transfer of KRW 20 million to the same account around the 26th day of the same month.
Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 100 million as business funds such as the payment of D set deposit.
2. On August 2014, the Defendant, who acquired the name of the business fund for the business fund of merchandise coupon distribution business, began with the victim’s “maman good merchandise coupon distribution business” in a cafeteria located in Seocho-gu, Daegu-gu, which was located in Seocho-gu. It is a good opportunity for the victim to start the business of merchandise coupon distribution.