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A defendant shall be punished by imprisonment for six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On September 21, 2009, the Defendant: (a) at the H company office located in Gangnam-gu Seoul Metropolitan Government G, the victim D who is implementing the project for the project for the project for the project for the project for the project of the project for the project for the project of the project for the project for the project of the project for the project for the project for the project of the project for the project for the project of the project for the project for the project for the project of the project for the project for the project of the project for the project, “it may attract USD 10 million, which is the necessary fund for the project for the project, through the Hong Kong Investment Company. In order to attract the investment, the cost of KRW 200 million is required, and the amount of USD 20 million is to be paid within three months, and the amount of USD 100,000 shall be induced first until October 9, 2009, and if it is impossible to attract USD 100,000,000 won, it shall be returned within 15 days.”
However, in fact, the defendant did not know or contact investors of financial companies, etc. that will directly invest USD 10 million in the above business, and did not secure investors to directly invest USD 10 million in the above business with the business plan provided by the victim in order to confirm whether it is possible to attract foreign investment, and did not secure investors to directly invest USD 10 million in the above business. Thus, the defendant did not have any intent or ability to attract USD 10 million to the victim or to attract USD 1 million until October 9, 2009. The above amount of KRW 200 million should be used as operating expenses of the above H company operated by the defendant and the defendant as CFO, so even if the investment has not been induced, there was no intention or ability to return it.
Nevertheless, on September 22, 2009, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim to the Agricultural Cooperative Deposit Account in the name of J designated by the Defendant, and acquired it by fraud.
Summary of Evidence
1. Partial statement on the fourth trial date of the defendant;
1. Each legal statement of witness D, K, L, M, and N (other than part of the statements of L, M, and N) 1.