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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud;
A. On May 5, 2014, the Defendant committed the crime of June 5, 2014, the victim C, “I wish to establish a corporation and operate a travel agency, if I wish to lend the necessary expenses, I will immediately repay it. On the establishment of a travel agency, the State will receive the subsidy, and the amount to be used as capital will be in the head of a Tong only at the time of the establishment of the company, and the remainder will be paid with the subsidy after the establishment of the company. The Defendant made a false statement that “I would receive the subsidy from the Fluor of the Ministry of Culture and Tourism, but could receive the subsidy.”
However, at the time, the defendant was unable to receive the above subsidy due to the credit rating of the defendant at the time, and there was no ability to immediately repay the subsidy even if it was received from the victim.
As above, the Defendant, by deceiving the victim as above, received money from the victim on June 2, 2014, KRW 30 million, and KRW 44 million on the 5th of the same month from the victim to the new bank account in the name of the Defendant respectively, and acquired it by deception.
B. From the end of September 1, 2014, the Defendant, who committed the crime of October 1, 2014, made a false statement to the effect that “Around the end of September 2014, the Defendant obtained the Plaintiff’s total right to use the hotel, and if the amount to be deposited in advance is needed, the Defendant would transfer the online total right to use the hotel, and would pay the money including the existing loan from the profits.”
However, at the time, the defendant did not acquire the above hotel's general sales right, and there was no intention or ability to transfer the right to online general sales right to the victim even if he received money from the victim and thought that the defendant would make an investment in another business operated by the defendant.
The Defendant is as above.