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Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of ten million won.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
"2013 Highest 201"
1. On August 2, 2005, from August 2, 2005 to August 30, 2005, the Defendant committed fraud of USD 6,500,000 from August 4, 2005 to August 30, 2005, the Defendant called “the Defendant Company” from the Chinese Lottery Korea D Limited Corporation (hereinafter “Defendant Company”) office located in the Chinese Lottery City (hereinafter “Defendant Company”) operated by the Defendant to the victim E by telephone to “on March 2, 2006, it would deliver the completion bamboo cultivated in China in China to the victim’s account.” The Defendant transferred KRW 35 million from the victim to the F’s account on the same day on August 18, 2005, and received USD 6,500 from the victim’s office to the same effect as the victim on August 30, 2005, and received KRW 85 million from the victim to the same account as the victim’s account.
However, the fact is that the defendant company operated by the defendant at the time was in excess of the debt amounting to 1 billion won from August 2, 2005 to August 30, 2005. Thus, even if the defendant received the advance payment, the defendant did not have any intention or ability to deliver the termination bamboo to the victim.
On August 2, 2005 to August 30, 2005, the Defendant deceivings the victim, as above, and then acquired the amount of USD 43.5 million and USD 6500 from the victim.
2. On October 10, 2005, the 100 million won fraud Defendant stated on October 10, 2005 that “The 100 million won advance payment would be changed to the victim’s office at the I office, Inc., a corporation managing the victim’s H located in Jungcheon-si, Jungcheon-si, that “The 100 million won advance payment would be given to the victim since December 2005.”
However, the fact that the defendant company operated at the time was in excess of the debt amounting to 1 billion won around October 10, 2005, and even if the defendant received the advance payment, the defendant did not have the intention or ability to deliver the termination bamboo and saria to the victim.
On October 10, 2005, the Defendant, by deceiving the victim, was issued KRW 100 million from the victim.