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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The facts charged of this case were corrected ex officio to the extent that there is no risk of actual disadvantage to the defendant's exercise of his right to defense.
1. Around October 28, 2014, the Defendant provided that “A branch of the Nonghyup Bank located in Yongsan-gu Seoul Metropolitan Government (Fraud) will pay KRW 600 million to the victim B without any mold if the Defendant provided that “A branch of the Nonghyup Bank located in Yongsan-gu Seoul Metropolitan Government would be urgently required to pay funds. It will prepare KRW 180 billion investment funds from N Co., Ltd. with real estate purchase funds, and will be deposited in AA branch of the Nonghyup Bank within seven days.”
However, the defendant did not have any intention or ability to pay real estate purchase funds in reality and did not have any intention or ability to pay such funds even if he received money.
In such a way, the Defendant deceiving the victim, namely, obtained 10 million won cashier’s checks from the victim, i.e., KRW 500 million in total from the victim, and acquired KRW 100 million in total from the same place on October 29, 2014, and acquired KRW 100 million in total from KRW 100 million cashier’s checks from the same place on the following day.
2. On January 27, 2015, at the point of foreign exchange bank BC located in Dongjak-gu Seoul Metropolitan Government, the Defendant concluded to the effect that “Around January 28, 2015, the Defendant: “Around January 2015, at the point of foreign exchange bank BB, attracting funds of KRW 50 billion according to the funding management service contract, and redeems KRW 1.2 billion up to January 28, 2015, but, at the same time, it is necessary to attract the said investment funds with the advance payment of the funds
However, even if the defendant receives advance payment from the victim, he did not have any intent or ability to attract large amounts of funds, such as KRW 300 billion, or to repay KRW 1.2 billion to the victim.
The Defendant, by deceiving the victim as such, received KRW 70 million in total from the victim, i.e., KRW 50 million cashier’s checks, and KRW 10 million in total from the victim’s seat.