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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
1. On November 3, 2015, the Defendant, in November 3, 2015, paid to the victim D the profits of KRW 2 million from KRW 1.5 million per month according to sales to the Party D in Changwon-si Member B, Changwon-si around November 3, 2015, and returned the principal of the investment to November 3, 2016.
“A false representation was made.”
However, in fact, the Defendant was at the time of opening the above C around May 2015, and there was a circumstance in which the investors could not pay the profits even to the investors prior to the start-up of the business, and thus there was no intention or ability to return the profits as agreed even if they received an investment from the damaged party.
Nevertheless, on November 3, 2015, the Defendant: (a) by deceiving the victim; (b) transferred KRW 30 million to the account under the Defendant’s name on November 3, 2015; and (c) transferred KRW 20 million to the same account on November 20, 2015; and (d) received KRW 50 million in total as investment money.
2. On March 2016, the Defendant, at the time when March 2016 could not be known, would offer the victim D with “a new brand F to run a new brand, but if he/she made an investment, he/she will open the F delivery store and open the delivery store to 30% of the logistics end-up of the delivery store.
“A false representation was made.”
However, the defendant was operated at the time of fact
C continued to operate G branch at the same time, it was impossible for other investors to pay the profits derived from the open opening because it did not intend to pay the profits derived from the open opening because it did not intend to pay the profits to other investors. Even if the F opens a new branch, it was uncertain whether the profits or the additional delivery store was open or not. Therefore, even if it was paid by the injured party, there was no intention or ability to pay the profits.
Nevertheless, the defendant deceivings the victim as above and caused damage to the E account under the name of the defendant on April 13, 2016.