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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. Around February 12, 2009, the Defendant against the victim G made a false statement to the victim G at AF office located in the fourth floor of Seocho-gu Seoul Metropolitan Government AE Building, stating, “If the company purchases the company-owned sports D&T forest in the amount of KRW 500,000 won per ordinary day, the Defendant would sell the company at least one million won immediately after the civil engineering work.”
However, at the time, the above company was operated in the form of return to the existing investors by receiving new investments in the state of enemy, and the defendant thought that the above money was used as necessary expenses for the company, even if the above money was received from the victim, there was no intention or ability to complete the registration of ownership transfer to the victim.
The Defendant, by deceiving the victim as above, received KRW 60 million from the victim on February 12, 2009, and KRW 20 million around February 26, 2009, respectively, from the account in the name of the said company.
2. Around March 2010, the Defendant made a false statement to the victim DDR at Qtel office located in Gangnam-gu Seoul Metropolitan Government Ptel 404, stating, “When purchasing forest land in Chuncheon City DS, a company owner, it would have changed its land category to the site upon obtaining a divided permission, and a parking lot will be installed in the underground by performing civil construction works, and will be done until early early.”
However, at the time, the above company was operated in the form of return to the existing investors by receiving new investments in the state of enemy, and the defendant thought that the above money was used as necessary expenses for the company, even if the above money was received from the victim, there was no intention or ability to register the land in installments, to change the land category into the site, or to perform civil works.
The defendant deceivings the victim as above, and thereby deceivings 100,600,000 won from the victim on April 1, 2010, under the name of the above company.