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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On April 2016, the defendant has the right to operate the restaurant in the G apartment construction site, which is newly built in F, in the D office of the defendant's operation corporation located in the Jung-si, Jung-si.
It would be possible for the public to operate the above restaurant from July of this year. Instead, it would be possible to lend the service cost of KRW 50,000 to the public prior to that time to run the above construction to the public, and it would be possible to hold the restaurant building.
“A false representation was made.”
However, even if the Defendant borrowed money from the injured party, it was intended to use it voluntarily as the expenses for the operation of the D Office operated by the Defendant, and at the time G Apartment Construction Site did not have the right to operate the restaurant, and there was no intention or ability to allow the injured party to operate the restaurant in the future.
Nevertheless, the Defendant, as mentioned above, acquired the total sum of KRW 46 million from the victim’s H account under the name of the Agricultural Cooperative, Co., Ltd., Ltd. that was operated by the Defendant on April 14, 2016, KRW 7 million on April 25, 2016, KRW 300,000 on April 26, 2016, KRW 9 million on May 3, 2016, KRW 100,000 on May 3, 2016, KRW 100,000 on May 4, 2016, and KRW 700,000 on May 16, 2016.
Summary of Evidence
1. Each legal statement of witness E, I and J;
1. The defendant and his defense counsel asserted to the effect that he did not deceiving the victim, and that he used a significant portion of the above money, because he received money from the damaged party under the pretext of investment in service business, such as a petition for complaint, a copy of the content certification, a copy of the passbook of the passbook of H H account, a copy of the statement of account transactions, and a statement of expenditure.
However, since the statements of the victim and I are relatively consistent from the investigative agency to this court, it can be recognized that they are reliable, it is sufficient to obtain the money from the victim and I under the name of operating authority.