Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On November 24, 2011, the Defendant was sentenced to the suspension of the execution of ten months by imprisonment with prison labor at the Busan District Court for the crime of interference with business, etc., and the judgment became final and conclusive on July 5, 2012.
Criminal facts
On April 29, 2010, the Defendant received Furbels in Busan-gu C or D from E through an exchange contract, and the same year.
6.7. Around July, a trade name was completed by having it registered as “Gel”, but the transfer of ownership was not completed due to a dispute with E.
In such a situation, around September 30, 2010, the Defendant leased “Gel” to H in terms of KRW 600,000,000,000 for lease deposit and KRW 19,000 per month for rent.
However, around April 1, 2011, a decision to voluntarily commence the auction on “GMour” was made, and the Defendant demanded the return of the lease deposit from H to file a lawsuit. In order to raise the return fund, the Defendant was willing to acquire money from the victim I who believed the Defendant as a re-feasible and a high frequency of auction.
On July 2011, the Defendant concluded that “Around July 201, the Defendant would accept an auction at home, and make an investment of KRW 500 million, to register the shares of KRW 1/3 on the building site and building at the auction, and pay 1/3 of the proceeds of the operation of the Mour every month.”
However, at the time of fact, the Defendant had a debt of 2.175 million won, and there was no particular property or income in addition to the above franchise operation profit, and thus, there was no intention or ability to be awarded a successful bid for “Gururel”.
The Defendant, by deceiving the victim as above, received KRW 300,000 from the victim on July 25, 201 and received KRW 300,000,000 from the victim.
8. around 29.29. the sum of KRW 100,000,000 each by the national bank account in the name of the defendant and the corporate bank account in the name of K, and the same year.
8.31.Before around 31. K’s account in the name of K, KRW 50 million, and the same year.
9.5.Before receipt of around K's above account in total of KRW 50 million, such as the transfer of KRW 50 million to the said account in the name of K.