A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Around May 2013, the Defendant made a false statement that “A corporation operating a ske golf equipment development and distribution business, operating a company with excellent performance of existing equipment installed in the national screen golf club, can be replaced with the equipment of the company of the above company with excellent performance, and even in China, the Defendant may manufacture the equipment at the cost of KRW 2 million and sell the equipment at the cost of KRW 500,000,000 to KRW 300,000,000 to pay profits.”

However, in fact, the defendant corporation E did not have a market in Korea or China. The defendant, without any particular property at the time, bears financial rights obligations of 40 million won, personal debts of 135 million won, and has exceeded his/her obligations such as delayed office rents. Therefore, even if he/she receives investments from the victim, he/she did not have the intent or ability to make profits by operating the company normally.

As above, the Defendant, by deceiving the victim as above, received money from the victim to the single bank account under the name of the Defendant on October 25, 2013 from the victim and acquired money by transfer of KRW 150 million as investment money.

Summary of Evidence

1. Each legal statement of witness D and F;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. A report on investigation (related to details of use of investment funds);

1. Carporogs;

1. Application of the Acts and subordinate statutes to the complaint;

1. The circumstances that are favorable to the defendant include: (a) there is no record of the same kind of crime with the reason for sentencing under Article 347(1) of the Criminal Act regarding criminal facts; (b) a significant portion of the investment amount was used as the price for the goods and the operating expenses of the company; and (c) efforts to recover from damage are deemed to have been made.

However, there is a big amount of damage from 150 million won to 150 million won, and some of the amounts received from victims are personally useful.