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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On July 20, 2013, the Defendant stated to the effect that “The Defendant would create a special crop cultivation complex supported by the Government as part of the Saemaul Movement No. 2, a pledge business, and send 230,000 won as membership fees to the victims C.”
However, even if the defendant received membership fees from the injured party, the defendant did not have any intention or ability to join the injured party as a member by transmitting it to related farming cooperatives.
As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 230,00 to the Nonghyup Bank account in the name of E on the same day under the pretext of the participation of the victim; (c) received KRW 250,000 from G restaurant located in Gwangju North-gu, Gwangju; and (d) obtained KRW 250,000 in cash on two occasions in the name of the participation of the second unit in the middle-gu, Gwangju-gu.
2. On December 17, 2014, the Defendant stated, “Around December 17, 2014, the Defendant, engaged in the electrical construction business at the construction site of Busan Hagu Hagu Haguk-gu, Busan, that “The Defendant would have the owner of H lending and directly implement the electrical subcontract construction work.” On February 15, 2015, the Defendant said that “Around February 15, 2015, the Defendant would have the victim nearby Busan, who made an investment of KRW 8 billion in this construction work, pay KRW 2,00,000 as a guarantee insurance premium.”
However, in fact, the Defendant was not HJ owner, and a person without a construction-related license did not have the intent or ability to permit the victim to undertake the construction work of the above construction site, and there was an individual obligation exceeding 50,000,000 won at the time, and did not have any particular income, so there was no intention or ability to pay the said amount even if he received money from the injured party.
The defendant deceivings the victim as above, and thereby his deceivings the victim, 2,000,000 won to the national bank account in the name of I on February 15, 2015 (State).