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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who has operated the vice governor of the State in the Michuhol-gu Incheon Metropolitan City, the delivery agent chain, and the victims are a cafeteria store operator who has requested the above enterprise to vicariously deliver food.
1. Fraud;
A. At around 16:00 on October 31, 2018, the Defendant made a false statement to the victim D that “if the Defendant opens a new delivery agency office in December, 201, and invests KRW 3,00,000 as a partner, the Defendant would make a monthly profit of KRW 1,00,000,000. The cost of purchasing goods to be used at the new open office is required, and the amount is also changed.”
However, even if the defendant receives money from the victim as investment money, he did not have the intention or ability to operate a new delivery agency.
Around October 31, 2018, the Defendant, by deceiving the victim, received KRW 3,00,000,000 from the victim’s account in E’s name; KRW 300,000,000 around November 6, 2018; and KRW 1,200,000 on November 7, 2018; KRW 1,000,000 on November 20, 2018; and KRW 5,90,000,00 on the aggregate of KRW 40,00,00 on December 15, 2018.
B. On January 9, 2019, the Defendant made a false statement to the victim G, the owner of the F franchise store, stating that “The fee for the F franchise store reserve to issue the tax invoice shall be paid in advance.”
However, in fact, the defendant was planned to use the money received from the victim for living expenses, etc. and did not have the intent or ability to issue a tax invoice for the money received from the victim.
The Defendant, as such, by deceiving the victim, received 409,300 won from the victim’s account in the name of H Co., Ltd. used by the Defendant on the same day.
C. On January 14, 2019, the Defendant concluded that “Around January 14, 2019, the victim J, the owner of I member shop,” who is the owner of I member shop, made a false statement to the said Defendant’s office, stating that “The commission for the I member shop reserve to issue the
However, in fact, the defendant receives money from the victim as living expenses.