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A defendant shall be punished by imprisonment for one year.
All applications for compensation order filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. From December 2, 2011 to September 7, 2012, the Defendant made a false statement to the effect that “Around December 2011, the Defendant would have 500,000 won per month invested 50,000 won to the head office in the Fran shop located in Gwangju-gu, Gwangju-gu, to the victim D in order to sell food and plant treatment equipment.” Each of 25,000,000 won invested in the head office, thereby dividing the profit by 50,000 won.”
However, since the defendant did not have any property or profit but did not have any living expenses, even if he received 25 million won from the victim as investment money, he did not have any intent or ability to invest in food treatment equipment business.
The Defendant received from the victim on December 14, 201 the money of KRW 10 million from the victim to the account in the name of his/her father G in the name of his/her business investment for food treatment.
The Defendant, from around that time to September 7, 2012, received a total of KRW 52,50,000 from the victim on nine occasions as shown in the attached crime list.
2. On June 2012, the defrauded made a false statement to the victim D, stating that “The Defendant would have repaid other obligations of the Party at which the present interest rate is imposed due to the loan granted from the bank by offering the loan to him/her as a security, if he/she moves the land of Y in the name of the Party to his/her father-gun, Y in his/her father-gun, Jeonsung-gun, G in his/her father-gun, which is located in the name of the Party.”
However, as the Defendant had no particular property or profit-making, the Defendant was liable for the amount of KRW 50 million, and thus, even if transferred the name of the above land from the victim, there was no intention or ability to repay the victim’s obligation due to the loan after paying the loan from the bank as security.
Around June 27, 2012, the Defendant obtained from the victim the above land amounting to KRW 37,50,000,000,000 from the victim's wife and transferred the land from the victim's wife's name to G.
Summary of Evidence
1. The defendant;