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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 20, 2011, the Defendant stated that, in operating the beauty shop in the name of “E” in the C Department Store D located in Busan Shipping Daegu, the victim F would pay 3750,000 won per month if he/she invested KRW 150,000 won.”
Accordingly, the Defendant agreed to make an investment of KRW 150,000 to the Defendant in relation to the above E on the same day, and receive KRW 375,00,000 from the Defendant on every 21th month. Within one year, the Defendant agreed to receive KRW 100,000 of the investment principal in the event the Defendant wants E, KRW 80,000 within two years, and KRW 50,000 within three years.
However, in fact, the Defendant was a bad credit holder at the time, and was only about KRW 9 million, and did not have any special property and monthly income. In particular, at the same time, the Defendant started to operate another beauty shop with the trade name “H” in Gangnam-gu Seoul at the Gangnam-gu Seoul Metropolitan Government, and used more than half of the amount received as investment money from the Defendant for the opening and operating expenses of the above “H”, and the above “E” discontinued its operation for only three months after the opening of the business, and even if the Defendant received the investment money from the victim on November 201, he did not have any intent or ability to return the investment money according to the agreement.
The Defendant, from the victim on July 20, 201, the date of the contract by the victim, KRW 50 million around July 20, 201; and
F. of KRW 10 million on the 25th day of the same month, KRW 40 million on the 26th day of the same month, and the same year.
8. Around June 1, 2000, a sum of KRW 150 million, including gold KRW 50 million, was received and acquired by deception.
Summary of Evidence
1. Each legal statement of witness F and I;
1. A protocol concerning the suspect examination of the accused;
1. Each protocol of the police interrogation of the accused (including the substitution of the accused);
1. The police statement concerning F;
1.E Group guide books, sales data, trade agreements, and special agreements on the same trade contract;