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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On October 12, 2013, the Defendant requested the victim D to make an investment in cosmetics export business by stating that “B currently is the regular business of the E-Duty Shops Business Department and is preparing for the cosmetic overseas sales business, and is closely related to the president of the domestic famous department store and the airline.”
However, in fact, the Defendant failed to secure the volume of cosmetics to be exported and failed to secure the sales place in foreign countries. Therefore, even if receiving investment funds from the victim, the Defendant was in the absence of intention or ability to run the cosmetic overseas sales business by using the funds.
Nevertheless, around October 28, 2013, the Defendant received KRW 50 million in total from the victim, who made a false statement to the victim, and received KRW 50 million in total from the account in the name of Howon Co., Ltd., and KRW 50 million in total from November 1, 2013 to the account in the name of F Co., Ltd. as investment money, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to D and B;
1. Application of the Acts and subordinate statutes governing G statements;
1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] There is no person who has a basic area (10 million won or more, or less than 500 million won) (1 to 4 years) of types 2 (10 million won or more) (1 to 50 million won) [the decision of sentencing] [the defendant in November 9, 2011 was sentenced to a suspended sentence of 1 year by imprisonment at the Seoul Western District Court on November 9, 2011 and was sentenced to a suspended sentence of 2 years for the same crime on November 17, 201, and the above judgment was finalized on November 17, 2011, the defendant committed the crime in this case at another time, and the amount of damage was large, not recovered properly, and the victim did not reach an agreement with the victim, it is inevitable