beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2017 Highest 590"
1. On June 21, 2013, the defrauded stated to the effect that “The Defendant requested the victim C to collect a claim (a claim of KRW 4202,50,000 to the victim’s D) against the Defendant on the front city B in Busan-gu, Busan-si, Seoul-si, to the effect that “the cost is necessary to collect the claim, and the cost would be changed, and the remaining amount will be paid to the victim and the balance will be given at the expense.”
However, the defendant, after collecting the above claims, intended to use the money for personal purposes of the defendant without giving it to the victim.
As such, the Defendant, by deceiving the victim and deceiving the victim on June 21, 2013, obtained total of KRW 2,608,000 from the victim on June 21, 2013, KRW 870,000 on June 27, 2013, and KRW 2,608,000 on August 15, 2013 to the account designated by the Defendant’s respective credit collection costs.
2. As described in the foregoing paragraph 1, the Defendant, as a result of the request from the victim C for collection of claims against D, collected 26.2 million won in total from July 3, 2013 to October 28, 2013 as shown in the List of Crimes (1) and embezzled by using the Defendant’s personal use around that time while collecting 26.2 million won in total from the above D to October 28, 2013.
On November 11, 2016, the Defendant stated to the effect that “the victim E knows a large amount of money in the surrounding area, and a brokerage office run by the company within the inside,” the Defendant stated to the effect that “the victim’s 3 studio 1.53 billion won was sold in advance until November 30, 2016, and if the studio is not sold, it would return the said money.”
However, in fact, the Defendant received advance payment from the injured party and planned to use the said money in a place unrelated to the original studio sale. The above 1.53 billion won, which was promised to the injured party, was at a lower price than the market price, and the victim around the accused.