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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2012 Highest 4919] On July 16, 2012, the Defendant made a false statement that “The Defendant would immediately engage in business and make an investment of KRW 15 million if he/she invests in the amount of KRW 15 million.” The Defendant made a false statement that “The Defendant would make up for the business of making up a soup and making it available to the victim C with the thickness of the bryr and to make it available to him/her with the technology of internal medicine.”
However, the defendant did not have any preparation for running a business at the time, and there was no intention or ability to operate a business even if he received an investment from the victim because he did not have any money that the defendant could invest separately due to his debt.
As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim under the same day as the investment money, and received KRW 10 million from the Defendant’s Saemaul Treasury account on July 17, 2012, and acquired it by deceiving the victim.
[2012 Highest 6015] The Defendant, along with D, operated a cafeteria with the trade name “F” located in Daejeon Seo-gu E from July 201, 201, three persons, including the victim G, operated the said cafeteria.
Around March 2012, the Defendant made a false statement to the victim stating that “The Defendant would have invested money in the money that he/she intends to raise the current F in operation to franchise.”
However, even if the defendant receives investment money from the victim, the defendant did not have an intention or ability to expand F to the franchise business.
Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 20 million from the victim, including KRW 10 million around March 2012 and KRW 10 million around July 2012, and acquired it by deception.
Summary of Evidence
[2012 Highest 4919]
1. Statement of the accused in the first protocol of trial;
1. Statement by the police about C (2012 senior group 6015);
1. The defendant's partial statement in the second protocol of trial;
1. Witness G;