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A defendant shall be punished by imprisonment for not more than ten months.
except that 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. On February 2, 2008, the Defendant made a false statement to the victim E, “In establishing the said corporation, the Defendant purchased land which is not used in the Act on Marginal Farmland and sold at a high price after changing its land category, and would be able to impose a large amount of money if sold at a high price. If the Defendant invests KRW 10 million per week, he would pay the profit by means of paying KRW 100,000 per share for 13 weeks.”
However, in fact, the Defendant did not use the money received from the victim to purchase the land, but did not think that the Defendant would use the money for other purposes, such as expenses for the test of corporate office, allowances to other investors, etc., and it did not specifically proceed with the purchase of the land subject to restrictions on the Act on Marginal Farmland, so there was no intention or ability to pay the above profits normally even after receiving the investment money from the victim.
Around February 19, 2008, the Defendant, by deceiving the victim, received KRW 10 million from the victim, and around that time, received KRW 5 million from the Defendant’s new bank account; KRW 20 million from the F’s national bank account around February 28, 2008; KRW 9 million from the Defendant’s foreign exchange bank account around March 14, 2008; and KRW 17 million from the F’s national bank account around March 25, 2008.
2. On March 1, 2008, the Defendant, at the same place as a patrol officer, made a false statement to the victim G that he would make an investment as provided in the preceding paragraph, but did not have the intent or ability to pay the profits normally even after receiving the investments from the victim as provided in the preceding paragraph.
Around March 5, 2008, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million to the Defendant’s foreign exchange bank account around March 5, 2008; and (c) transferred KRW 5 million to the Defendant’s foreign exchange bank account around March 6, 2008.