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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
Reasons
Punishment of the crime
[Defendant A]
1. On January 27, 2011, the Defendant concluded an alliance agreement with the victimJ to allow the victimJ to exercise the right of delay at the International Office located on the second floor of the Bupyeong-gu Incheon Bupyeong-gu H operation of Bupyeong-gu, Incheon on January 27, 201, and concluded a false statement to return the deposit amount of KRW 40 million upon the lapse of two years of the contract period.
However, fact was that the defendant borrowed 400 million won from the use of the crowdfunding business fund, etc., and only intended to receive money from the victim and use it as business fund, and there was no intention or ability to return it to the victim after the expiration of the contract period.
Nevertheless, the Defendant received 4 million won as down payment from the victim, i.e., 4 million won as down payment, and 36 million won as the remainder from the account in the name of one bank account in the name of the Defendant’s wife B on the following day.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 20, 2012, the Defendant, on December 20, 2012, made a false statement to the victim JJ, who holds 10% stocks of 10% of the Defendant’s capital to the Defendant’s corporation I operated, by investing KRW 199,848,200 in the previous Securities Holdings operated by the Defendant, at the time in Bupyeong-gu Incheon L around December 20, 2012.
However, at the time, the Defendant was liable for the amount of KRW 400 million as above, and only attempted to transfer the management right of the trading hole to M who was in the same business relationship after acquiring shares from the victim, and there was no intention or ability to pay the price even after receiving shares from the victim.
Nevertheless, the defendant is equivalent to the amount of 200 million won by taking over 10% shares of the above corporation I from the victim, i.e., at the victim's seat and not paying 200 million won.