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Defendant
A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a year.
Reasons
Punishment of the crime
Defendants are between the father and the victim C, and the victim C is the friendship of Defendant A, the second child of Defendant A.
1. On September 2015, Defendant A, at the Defendant’s home located in Gwangjin-gu Seoul Special Metropolitan City, concluded that, “The management company of the F Yangyang branch will replace the victim with its excellent performance, and the head of the branch office of the F Yangyang branch will assist the former F Yangyang branch to make a false statement that, if the F Yangyang branch office was selected as the management company, it would be able to make an investment.”
However, the fact is that the FJ branch was to re-contract with the existing management company around July 31, 2015, and even if the Defendant established the KG, it was merely a small-scale new company with no business performance and could not be selected as a management company of the FY branch. Furthermore, the Defendant did not use the investment fund from the victim to establish the KG, but did not have the intent or ability to pay the investment principal and the investment profit to the victim even if receiving the investment fund from the victim.
As can be seen, the Defendant, by deceiving the victim, received KRW 45 million from the victim on September 10, 2015, and then received KRW 55 million from November 2015 to December 2015, and received KRW 150 million from January 14, 2016 to December 2015.
2. On January 2016, Defendant B (hereinafter “Defendant B”) tracking the above A, which was divingd as a patroler, and was returned to KRW 134 million out of the amount obtained by the said defrauded at the public announcement source near Dongdaemun-gu Seoul Metropolitan Government I.
On the same day, the Defendant made a false statement to the victim at the coffee shop near the above Gowon, stating, “If he/she lends money to the victim, he/she will collect KRW 250 million invested in his/her father within three to five months by withdrawing money, such as operating a private sports soil site.”
However, in fact, the defendant did not have a plan to operate a private sports earth site, and he did not pay money from the victim.