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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant pays 1550 million won to the applicant for compensation by fraud.
Reasons
Punishment of the crime
[2019 Highest 4116]
1. On August 24, 2017, the Defendant: “Around August 24, 2017, 2017, the Defendant called the victim B to the new construction of a commercial building in North-gu, Seoul; (b) provided, in well-known to its employees, that if 100 million won is paid, the Defendant promised to be leased the shop in advance prior to the commencement of the regular sale of the store; (c) delivered the KRW 100 million to the Jeju branch to secure a D store; and (d) received KRW 50 million from the trusted victim to the account in the name of the Defendant E-bank on August 24, 2017; and (d) received KRW 48 million from the said account on October 31, 2017, and received KRW 2 million in cash.
However, even if the defendant did not have reached an agreement with the Si for the lease of a store C underground store, and received money from the victim, he did not use it as a deposit for the store lease and considered it as the operation expenses of the clothing store operated by the defendant.
Accordingly, the defendant was given property from the victim by deceiving the victim.
2. On July 1, 2018, the Defendant, on July 1, 2018, has a good G store in the F subway shop to the victim at the trade influent coffee shop located in Busan-dong, Busan-dong.
If the store is leased and then a monthly rent is set again, the monthly rent of one month has 8 million won.
30,000,000 won necessary for lease shall be paid 1.2 million won out of the monthly rent of each month.
The deposit shall be returned within one month upon request.
“Along on July 3, 2018, the victim believed it was transferred KRW 30 million to the E-bank account in the Defendant’s name.
However, in fact, the defendant was thought to be used as a garment store operating expenses for the defendant's operation even if he did not have a plan to rent a Gho Lake store and received money from the victim.
Accordingly, the defendant was given property from the victim by deceiving the victim.
3. Fraud on October 24, 2018