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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
1. Fraud;
A. On November 18, 2010, the Defendant made a false statement to the victim H that it would pay KRW 130 million, including interest, to the principal within six (6) months of the week, within the front floor of the 201st floor underground floor of the G Building located in Gangnam-gu Seoul, Gangnam-gu, Seoul.
However, even if the above victim received money from the victim, the defendant did not have any intention or ability to use the money for investment in stocks or return the proceeds.
As such, the Defendant, by deceiving the above victim, received KRW 100 million from the above victim on November 19, 201 and acquired it by deception.
B. On January 27, 2011, the Defendant made a false statement by phoneing to the above victim to the effect that “Admony is urgently needed, but, if lent, he/she shall be repaid within one month.”
However, even if the defendant borrowed money from the above victim, the defendant did not have the intent or ability to repay it in accordance with the agreement.
As can be seen, the Defendant, by deceiving the above victim, received a remittance of KRW 20 million from the above victim on January 28, 201, and acquired it.
C. On April 5, 2011, the Defendant made a false statement to the above victim that “I will repay money to K’s business by the end of April, 201 if I lend money.”
However, even if the defendant borrowed money from the above victim, he did not have the intent or ability to use it as business fund or to repay it in accordance with the agreement.
As such, the Defendant, by deceiving the above victim, received money from the said victim on April 6, 201 and acquired it by deceiving the said victim.
2. On November 2, 2011, the Defendant suffered injury on the ground that the Defendant was on the side of the construction site near the M department store located in Seoul Special Metropolitan City, Nowon-gu L, and that the said Defendant was on the part of the party surrounding the Defendant and the trader.