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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
around June 20, 2009, the Defendant made a false statement to the F Office operated by the Victim E (55 years of age) located in Chungcheongnam-do, Gyeonggi-do, stating that “The Defendant would pay all KRW 60 million to the existing business entity and KRW 25 million until August 15, 2009, after the delivery of the two weeks of age to the existing business entity, from July 2009 to the end of July 2009.”
However, at the time, the defendant had a considerable obligation to the existing business partners G, etc., so even if he received the two payments from the victim, he did not think of the delivery as a repayment of the existing obligation to the above existing business partners, etc., and did not have an intention or ability to pay the two payments to the victim after he delivered it to the normal business partners.
Nevertheless, around June 27, 2009, the Defendant, at the above office around June 27, 2009, received 420 Skblubs in the amount equivalent to KRW 70 million at the market price, around July 7, 2009, the Defendant received 94 Skblubs in an amount equivalent to KRW 15 million at the market price at the above place, and received 85 million in total.
around 16:30 on July 24, 2009, the Defendant made a false statement to the effect that “Around 16:30 on July 24, 2009, the victim J (28 years of age) is engaged in the business of acquiring domestic beer from “F” and selling it to the main points located in the ceiling,” and that “I will transfer its goodwill to KRW 40 million.”
However, the Defendant, at the time, could not engage in business based on the above business license unless the Defendant settled the outstanding amount or provides corresponding security, and ultimately, could not transfer the amount to the Defendant’s normal business license.
The defendant deceivings the victim as above and receives 6 million won in cash from the victim under the same day as the down payment, and has the same year.
8.3.undertakes transfers of 15 million won to an account in the name of the defendant for the purpose of part payments at all times;