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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 2016, the Defendant received a successful bid for approximately KRW 2,500 and approximately KRW 2.4 billion of the factory site for plastic Plasting containers manufactured and four above ground buildings located in Chungcheong-gun B, Chungcheong-gun, Chungcheongnam-gun, and paid KRW 1980,000,000 from CF and paid KRW 100,000,000 from D.
Since then, a “fund investment contract” was prepared with the content that “five percent of sales amount shall be paid as monthly investment commission and shall be provided as security in the form of sale security” to the above victim by making efforts to operate the factory normally, such as failure to secure the sales place, and due to the lack of operating expenses, the amount of sales amount shall be reduced. From May 2016 to May 17, 2017, a total of five hundred million won was additionally invested and disbursed as a factory operation fund, etc.
The amount of KRW 12,00,000 per month for the repayment of principal and interest of the loan is required, and about 10,000 won per month for the employees of the factory failed to pay the labor cost of about 10,00 won, etc., and the victim was unable to pay at all the investment fee in accordance with the above investment contract, and even if money is additionally borrowed from the victim due to serious financial pressure, such as failure to provide collateral, etc., notwithstanding the absence of ability to repay the money, it is false that the victim was “to pay 100,000 won immediately after the month when it is urgently required to operate the company,” and that it was obtained from the victim on December 5, 2018 for the purpose of borrowing money.
Summary of Evidence
1. The defendant's legal statement (the second and fourth trial date);
1. Each statement of G and H in the suspect examination protocol of the accused by the prosecution;
1. Application of Acts and subordinate statutes on deposit transactions;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;