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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2015 Highest 3041] Defendant is a person who operates (ju) D with a business trip set up in Suwon-si C in Suwon-si.
When entering into a contract with a franchise store, the Defendant received 2 million won from the franchise store to the deposit amounting to KRW 10 million from the franchise store, instead of receiving the deposit amounting to KRW 10 million, and had the franchise store directly collect and manage the third customer, and paid 70-80% out of the deposit amount to the franchise store, and when the contract period expires, the Defendant operated the above company by the method of returning the deposit amount.
The Defendant had no intention or ability to return the deposit received from the owner of the franchise store from around 2010 to the owner of the franchise store, because the deposit received from the owner of the franchise store whose contract period has expired was terminated is also subject to seizure of D accounts, etc.
Nevertheless, on May 23, 201, the Defendant made a false statement to the effect that “I will provide the Victim F with the third party with the third party technology, equipment, business publicity, etc. for one year, and return the deposit upon the termination of the contract,” so that I would like to provide the third party F with the payment of KRW 10 million to the guarantee fund, and would return the deposit.”
The Defendant, as indicated in the separate crime list between April 16, 201, acquired the total amount of KRW 128,00,000 from 27 victims, including the amount of KRW 1,00,000 on May 23, 201, KRW 3 million on May 24, 2011, and KRW 6 million on May 25, 201, from the victim as a deposit money.
[2015 Highest 3793] The defendant is the owner of the (ju) D established for the purpose of the three-party business travel in Suwon-si C, Suwon-si, and the victim G paid a deposit of five million won to the defendant on September 2013 and entered into a franchise contract with the defendant on September 2013, but only two weeks later.