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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 1, 2017, the Defendant made a false statement to the victim C, stating that “Inward Corporation B was unable to make an incorporated association. If only KRW 30 million is invested, the Defendant would have the said incorporated association take office as an officer and take office as a profit from the operation of the incorporated association.”
However, in springing around 2017, the Defendant responded that it is difficult to create a coffee farming complex because he did not go beyond the climate in the South-west Agricultural Technology Center from the person in charge of the South-west Agricultural Technology Center, and was in a situation where the said incorporated association was not established at the time of leaving the business related to the said incorporated association, and was urged to return the investment funds from the persons who invested in the said incorporated association first, and thus, even if receiving the said investment funds from the victim, the Defendant was appointed as the executive officer of the said incorporated association and did not have the intent or ability to return the
As such, the Defendant, by deceiving the victim, was transferred from the victim to the E bank account under the name of A (D) on September 26, 2017, KRW 30 million under the pretext of investment.
2. On October 2017, the Defendant entered into a limited wholesale business-related investment loan fraud with the victim’s “inwardly making an investment in the restricted wholesale business. 100 million won is required. It is necessary to make an investment in the restricted wholesale business. It is too high to make an investment of KRW 30 million at the present 70 million. If an investment is made in excess of 30 million due to a good opportunity, the commission will be collected from October 30 of the same month to February 2017, and the remainder of the principal can be found from April 9, 2018 to April 2018.”
However, in fact, the defendant receives money from the victim because he did not have invested or intended to invest in the pharmaceutical wholesale business, he/she shall use the money for the repayment of existing debts and living expenses.