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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 27, 2013, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Gwangju District Court Decision, and the Defendant’s appeal and appeal were dismissed, and the said judgment became final and conclusive.
From springing around 2010, the Defendant established D Co., Ltd. (hereinafter “E Co., Ltd.”) on August 4, 2010, and established C Co., Ltd. (hereinafter “E Co., Ltd.”) to carry on the business by leaving the office of representative director, and C Co., Ltd. and the Defendant conspiredd with C to acquire money as sales price by means of deceptioning the said company’s capital due to the lack of capital, even if it was actually a situation where the said company was incorporated by pretending to be paid-in capital, and there was no specific progress, even if it was a situation where there was no business that had been capable of carrying on the hotel business.
Accordingly, on May 201, the Defendant, at the office of “A Co., Ltd. E companies,” located in the fourth 401th 401 floor of the FF building in the Haan-gun, Haman-gun, Mannam-gun, and the victim G, the Defendant made a false statement to the victim G, stating that “The number of houses can not be known in order to maintain confidentiality, but the two bonds among the above apartment units will be sold at the price of 60% of the market price, so the Defendant would have sold 50 million won of the down payment per 1 bond.”
However, even if the defendant received the above money from the victim at that time, he did not have an intention or ability to sell the above money because he did not have an apartment to sell it to the victim.
The Defendant received KRW 50 million from the victim around May 16, 201, and KRW 30 million from May 24, 201 to the new bank account under the name of the Defendant, respectively.
Accordingly, the Defendant, in collusion with C, deceiving the victim, thereby causing a total of KRW 80 million from the victim.