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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 2, 2015, the Defendant made a false statement to the victim B that “The Defendant is running a big business in Indonesia and Korea” at the hotel coffee shop at the end of Seoul below the end of February 2015, stating that “The Defendant would make a legal entity in Indonesia and bring about an office in Indonesia.”
However, in fact, it was thought that the victim received money from the victim to use it for his personal purpose, such as living expenses and insurance premiums, and in Indonesia there was no intention or ability to establish a corporation and to introduce the corporation to the victim
Accordingly, the Defendant, as seen above, by deceiving the victim and deceiving it from the victim on April 11, 2015, received a total of KRW 500,000 from the foreign exchange bank account under the name of the Defendant, and from April 24, 2015, KRW 10,44 million from the national bank account under C to KRW 9,000,000,000.
Defendant
In addition, the defense counsel argues to the effect that the defendant was remitted each of the above money by allowing the victim to make a corporation in Indonesia and carry out the construction of office, but the victim did not properly carry out the business by making investments in the Indonesia project and did not carry out the business in the situation that the victim did not invest only the money in the judgment but did not actually carry out the business, such as borrowing the office, the defendant did not have the intention of deception and defraudation.
However, the following circumstances revealed by each evidence duly adopted and investigated by this court are consistently stated to the effect that the victim did not promised to make an investment as alleged in the Defendant, and the witness D, who served with the Defendant in Indonesia, thought the Defendant to operate the business with the Defendant’s funds at the time, and the victim decided to make an investment or make an additional investment.