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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From October 209, the Defendant operated a Class 1 maintenance plant of "D" (hereinafter referred to as "D") in the Seocho-gu, Busan (hereinafter referred to as "D") from November 1, 2010, while acquiring and operating the company in Yangsan-si E (hereinafter referred to as "F maintenance plant") from around November 1, 2010, the Defendant was a person who acquired and took over the company. The Defendant was unable to yield profits or accumulated while operating the F maintenance plant acquired after the acquisition of the company without any particular property, including the D maintenance plant that started operating the company. As such, in order to raise funds for the operation of the above factory, the Defendant acquired funds by acquiring funds by maintaining trust by continuously paying interest on the borrowed funds.
1. Around October 9, 2009, the Defendant made a false statement to the said victim that “The said victim would be required to newly bring the inspection equipment into the D Improvement Factory. If the Defendant lent KRW 40 million to the D Improvement Factory, it will be repaid within one year as of February 5, 2005.”
However, in fact, the defendant tried to return the share price of 60 million won to H who intends to retire from the above factory because the deficit was accumulated with the victim, and there was no intention to purchase the inspection equipment. However, even if the defendant borrowed the above money from the victim, there was no intention or ability to repay it within the fixed period.
The Defendant received 30 million won on the same day from the victim as the deposit account in the name of the Defendant’s wife, and 10 million won on October 21, 2009.
Accordingly, the defendant was given a total of 40 million won by deceiving the victim.
2. On January 15, 2010, the Defendant was the victim at a mutually incompetuous restaurant located in the Busan metropolitan traffic Daegu.