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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On March 18, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on May 3, 2013.
On June 28, 2012, the Defendant stated, at the coffee shop located in Gangnam-gu Seoul, that “The Defendant operates E, a company producing fuel oil using waste plastics as a raw material, and secured domestic monopoly rights from F, the original engineer, and made an investment in the business because profitability is fine.”
However, in fact, E company has not yet been established, and the defendant did not finally secure the right to monopoly in Korea from F, and at the time, the defendant did not pay the down payment out of the price for the right to monopoly in Korea agreed with F.
The Defendant was the first time with the victim’s investment in the foregoing business, and there was an idea that the Defendant would have used the said business to repay his personal debt, not with the money from the victim, and thus, whether the Defendant intended to continue the said business is separate.
The defendant did not have the ability or intent to conduct the above business even if he received an investment from the victim.
On June 29, 2012, the Defendant, by deceiving the victim, received one million won from the victim to the new bank account under G (H) account in the name of G with the business fund management on June 29, 2012, and 4 million won to the business bank account under I (J) account in the name of the victim and acquired it by defrauded.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Investigation report (as to the investigation on the excursion ship in the FNK);
1. Data to explain the fund investment contract, statement of transactions, and additional statement of the renewable fuel project;
1. Records before judgment: Defendant’s legal statement, criminal record, etc. and application of each of the judgment statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
2. The latter part of Article 37 and the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes; and