Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 2016, the Defendant may increase profits equivalent to the annual salary of the members of a large enterprise if he/she made an investment by joining a D Association operated by the Defendant at the end of the end of November 2016, from the “D Association farm” in the “D Association farm operated by the Defendant.”
A large amount of money, such as receiving a proposal from large companies while running the FF agricultural business, has already been punished, and a state subsidy of KRW 00 million may also be paid.
“The phrase “ was false.”
However, the Defendant had received investment from the members of G, etc. from the members of G, etc. and operated the “D” association, but the union did not have received funding or made profits by entering into a sales contract. There was no fact that the union operated the said association and did not intend to receive funding or support from large companies. The investment funds received from the victims due to the lack of the basic operating funds of the association were not used for new investments, such as purchase of goods related to the business, and the Defendant did not have any intent or ability to make profits distribution to the victims even if it received the investment funds from the victims.
The Defendant was transferred KRW 30 million to the Agricultural Cooperative Account in the name of G used by the Defendant on December 16, 2016 from the damaged party, and KRW 33 million to the same account around December 21, 2016.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and H;
1. Statement made by the prosecution with regard to G;
1. Statement made to I by the police;
1. Recording records;
1. Investigation report, investigation report (to listen to a witness's J telephone statement), investigation report (to listen to a witness'sK, L, M, N, andO's statements respectively);
1. A detailed statement of transactions of passbooks of the agricultural cooperative (Submission of a complainant) and a written reply to a warrant of search and inspection;
1. Determination on the assertion of the defendant and his/her defense counsel regarding Internet articles and materials
1. The summary of the claim.