A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is the representative of C Co., Ltd. (hereinafter referred to as “C”) who manufactures the ED lighting fixtures.

On March 2012, the Defendant, at the C office located in Doang City D 301, concluded that “LED lighting equipment, ACR type LED type light, plant factories lighting lights, street lights, security lights, etc. have already been developed and completed within 1 month from the present development, and that it is possible for the Defendant to secure markets even if they are produced with the production of more performance than other products similar thereto, and the sales plan in 2012 reaches 4.4 billion won, and there is no funds to make investments.”

However, at the time, the ESD lighting organization in which the defendant was able to produce due to the completion of development was in progress or it was impossible to produce and sell it because it did not obtain the government standard certification.

As above, the Defendant, by deceiving the victim, entered into an agreement with the victim to arrange C operated by the Defendant and to conduct the same business with the victim, and then, around March 12, 2012, the Defendant received KRW 45,100,000 from the victim as the liquidation fund of C. From April 2012 to June 2012, the Defendant received KRW 45,000,000 as the monthly salary of two employees and acquired KRW 90,100,000 in total from around June 2012.

Summary of Evidence

1. Legal statement of witness E;

1. The statement of the defendant or E in the protocol of examination of the suspect against the defendant;

1. Contract;

1. Business plan;

1. Investment and sale plan;

1. Court rulings (Acheon Branch of Law No. 2012Ga, 8399);

1. Each certificate of deposit;

1. Application of Acts and subordinate statutes to a report on investigation;

1. The reason for sentencing of Article 347(1) of the Criminal Code of the pertinent statutory provisions on criminal facts [the decision of type] of fraud [the decision of type] and the general fraud [the special-purpose person] mitigation element: the act of deception is weak or the degree of deception is weak.