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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Criminal facts
[2018 Highest 3085] The Defendant: (a) attempted to acquire money by deceptioning “non-funds” in the custody of B; and (b) asked to identify those who will be able to make an investment by means of “non-funds”, which means “it may be replaced by “non-funds” equivalent to twice the amount.”
C around October 15, 2012, at the E coffee store located in Jongno-gu Seoul Metropolitan Government Jongno-gu, it stated that “I will change the victim F to USD 50 million, which is kept in B, at the victim F rapidly.” The victim F would be changed to USD 50 million, within three hours per week.
However, in fact, the Defendant was in a situation where the Defendant had to pay the debt amounting to KRW 300 million at the time, and was thought to use the debt repayment and living expenses received from the victim for the purpose of paying the debt, living expenses, etc., so even if he received KRW 250 million from the victim, he did not have any intention or ability to change the debt amount to USD 500 million.
On November 23, 2012, the Defendant received a cashier’s check in the amount of KRW 250 million from the victim via C at the front of the mutual infinite convenience store in Jongno-gu Seoul Metropolitan Government, Jongno-gu.
Accordingly, the defendant, by deceiving the victim, received the property by deceiving the victim.
[2019 Highest 598] On November 5, 2012, the Defendant stated that “The Fund owner to purchase gold is living in a H apartment located behind the exit of 1 week, and the gold leader is to be sold to the Fund owner on the back of the exit of 1 week, and the gold leader is to be sold to the Fund owner on the back of the exit of the Seocho-gu Seoul Metropolitan Government.”
However, in fact, even if the Defendant sold gold bullion and received the price, it was planned to use it for his/her own debt, living expenses, etc. without delivering it to the victim, and thus, it is possible to deliver the proceeds to the victim even if it was delivered by the victim.