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A defendant shall be punished by imprisonment for two years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2016 Highest 7706]
1. On November 21, 2015, the Defendant: (a) at the coffee specialty store located in Seocho-gu Seoul Metropolitan Government, the victim B paid the down payment amounting to KRW 350 million by winning a successful bid of KRW 1.25 billion in the apartment house in Gangnam-gu Seoul; (b) but (c) sold approximately KRW 15-1.6 billion in the U.S. because of the need for the first balance of KRW 250 million in the shop; and (d) the shares in the purchase of approximately KRW 15-1.6 billion in the U.S. were issued a check with KRW 80 million in the U.S. and sent USD 2.5 million in the form of a check to Korea; (b) but, if the shares in the purchase of USD 1,200 in the Spain customs house in the middle open port were converted into KRW 1,200,000 in the amount to be resolved by the problems arising from the customs house in the middle open port, the Defendant shall receive the said check and complete payment.
The phrase “ makes a false statement.”
However, the defendant did not have approximately KRW 15 to 1.6 billion in the U.S., and there was no fact that the check was issued in USD 250,00 in the future, and there was no intention or ability to repay it to the victim with the cost of solving customs problems.
As a result, the Defendant deceiving the victim by such a method and received KRW 2 million from that time to that of the F bank account under the name of the Defendant for the settlement of customs issues on the day by the victim, from that time to December 21, 2015, the Defendant received a total of KRW 9,400,000 from December 21, 2015, as stated in Articles 1 through 4, and 9.
2. Around December 10, 2015, the Defendant related to the 7.50,000 US dollars cash fraud was the victim B from the “H” located in Gangnam-gu Seoul Metropolitan Government, and “K is the principal of the account with the bank, i.e., the Minister, who was a relative, invested in the three-year mine in which the amount would be a money if the said portion would be invested in the Montreal mine. However, among the apartment at the auction, the said auction, the Defendant received the principal amount of the investment and the dividend, and included the 7.50,00 US dollars in the deposit in the J bank.”