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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. Around December 23, 2010, the Defendant made a false statement to the victim F, “The Defendant may bring about a ship to Korea if there is only adequate funds when G, which is a ship within the possession of a ship operating miscellaneous in a Russia, and may bring about a large amount of profit if he/she re-enters with the ship. At the lender, the Defendant transferred 33.3% of the shares of G ship and 35% of the shares of the carrier vessel, and he/she substituted with a G ship to make a profit according to its shares.”
However, the facts are that the Defendant, at the time, was in bad credit standing due to excessive debts, such as bearing the obligation equivalent to KRW 130 million to H, and thus, even if he received money from the victim, he did not intend to use the said money for personal purposes, and did not intend to bring the G in Russia, which was spreaded to Korea, and there was no ability to transfer the said G’s share to the victim, since not only acquired the ownership of G, but also acquired the ownership, it was a charter state.
On December 24, 2010, the Defendant acquired total of KRW 147,000,000 from the victim to the Agricultural Cooperative Account (J) account in the name of I on January 5, 2011, KRW 17,000,000, and KRW 110,000,000 from March 3, 201 to the Agricultural Cooperative Account in the name of I on March 3, 2011.
2. On August 16, 2011, the Defendant made a false statement to the victim, stating that “The Defendant would make the profits and principal of the 30 million won if he/she imports and sells five tons of the string 118,720,000 won, which are good in a single set.”
However, even if the defendant has received money from the victim, he only thought that he will be used for personal purposes, and he did not have the intention or ability to return the principal and the profits by importing and selling scooby in Japan.
The defendant.