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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On February 14, 2014, the Defendant must invest 13 million won per each victim B, in a mutual infinite coffee store located in Busan, and to the victim B, where the Defendant seeks to share a finite chain store.
Along with the fact that the payment of investment money is made, it was said that it would be divided into half of the profits accrued from chain stores.
However, in fact, the Defendant did not have any intent or ability to prepare for the share of KRW 13 million, which he is required to invest. Since the Defendant received money from the injured party with the said investment money, and only intended to use a significant portion of it for personal purposes, such as living expenses, etc., the Defendant did not have any intent or ability to pay the profits to the injured party, even if he received the money from the injured party under the pretext of the above investment money, and then, he did not have any intent or ability to pay the profits
The Defendant received from the victimized person a remittance of KRW 10 million on February 14, 2014, and KRW 30 million on March 6, 2014, respectively, to an account in the name of the Defendant, respectively.
2. Around March 6, 2014, the Defendant told the Victim B that “Around March 6, 2014, the Defendant would divide the profits accrued from the Gin’s chain store into half, if the Defendant pays KRW 1 million as investment money, because it is necessary to operate the Din chain store.”
However, as stated in Paragraph 1, the Defendant did not have the intention or ability to prepare KRW 13 million, which is the amount of the Defendant’s share, and even if he received money from the injured party under the pretext of investment, he did not have the intent or ability to pay the profits to the injured party after using it for the operation of the Skin chain store.
The Defendant was transferred from the victimized person to the account in the name of the Defendant on March 23, 2014 under the pretext of additional investment.
Accordingly, the defendant was given property worth KRW 14 million by deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. B.