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The sentence against the accused shall be determined by one year and six months of imprisonment.
Reasons
Punishment of the crime
1. On September 4, 2013, the Defendant: (a) at a coffee shop where the trade name located in the Seo-gu Standing District of Gwangju is unknown; (b) the victim C stated that “F will build a new general hospital in Gwangju-gu G. F will make an investment in the funeral hall in the hospital; (c) the Defendant would make an investment in the funeral hall in the hospital, 40% of the operating profit.”
However, in fact, the above G land owned by the Defendant’s large father was transferred to a third party, and F did not have any plan to newly construct a general hospital on the land, and the Defendant was only planned to prepare funds to repay to H, who is his creditor, and did not have any intent and ability to invest in the funeral hall of the hospital.
Nevertheless, the Defendant, by means of the said false statement, by deceiving the victim as above, received KRW 100 million in total from the victim as a check, as the down payment for the investment deposit, and KRW 50 million on October 4, 2013, and KRW 50 million on October 4, 2013.
2. On January 28, 2014, the Defendant: (a) at a coffee shop where the trade name located in the Seo-gu Standing District of Gwangju is unknown; (b) the Defendant stated, “In order to jointly operate a coffee shop on the first floor of the general hospital to be newly constructed in the ecedong by investing with the victim I jointly with the victim’s seat, the Defendant changed the number of KRW 120,000,000 to the extent to which the right to operate the coffee will be transferred.”
However, in fact, the defendant was planning to prepare funds to receive a return of investment funds from I by making a false statement that he/she would give I the right to operate a coffee shop in advance, and there was no plan to newly construct a general hospital, so the victim did not have the intent and ability to allow him/her to operate a coffee shop.
Nevertheless, the defendant deceivings the victim as above, and then is at the face value of 50 million won as investment funds related to the operation of coffee shop from the victim.