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1. The defendant shall be punished by imprisonment for four years;
2. The Defendant, to C, KRW 50,000,00, and to E, an applicant for compensation.
Reasons
Punishment of the crime
The Defendant is the representative of the “J” with the second floor of the building I in Gangdong-gu Seoul Metropolitan Government 37.38, who sells the clothing, such as bee and chrochro, directly imported in the United States.
1. Around August 11, 2011, the Defendant, as a title of the entrusted management deposit, made a false statement to the effect that “If he/she is entrusted with the entrusted business by investing KRW 50 million in a nominal sale store, he/she shall pay KRW 3 million per month in the name of sales commission, and return the said investment upon the expiration of one year of the contract period,” and, i.e., written a “entrusted business contract” with the same content.
However, the defendant had resided for 20 years in the United States and had difficulty in domestic situation, and had no experience in the clothing sales business, and there was no intention or ability to pay a sales commission to the victim and return the deposit due to lack of its capital.
Nevertheless, on August 12, 201, the Defendant received from the victim a remittance of KRW 20 million to the bank account (M) in the name of the Defendant on August 12, 201, and KRW 30 million to the same account on the 16th day of the same month and KRW 50 million, respectively.
2. On November 12, 201, at the “J” office located in the Gangdong-gu Seoul Metropolitan Government International Building 903, the Defendant made a false statement to the effect that “If the Defendant deposits KRW 30 million to the victim N, he/she shall be in charge of the interim management of the Lee Dong-dong store, and as a monthly salary, he/she shall pay KRW 4 million at the rate of KRW 4 million and KRW 40 million at the rate of KRW 30 million at the rate of at least 40 million per month, and shall return the deposit after the contract is terminated.” In other words, he/she made a “entrusted management contract” to this effect.
However, the defendant had resided for 20 years in the United States and had difficulty in domestic situation, and had no experience in the clothing sales business, and there was no intention or ability to pay monthly wages to the victim and return the deposits.