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A defendant shall be punished by imprisonment for not less than eight months.
The defendant pays 30,000,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
1. Around December 22, 2010, the Defendant made a false statement to the effect that “The Defendant made a phone call to the victim D and made a payment against the profits earned by purchasing and selling the scrap metal from the work site when investing KRW 15 million.”
However, in fact, the Defendant was not in a state of entering into a contract to purchase scrap metal at the same work site at the time, and was in a state of absence of special funds, other than KRW 15 million received from the victim. Therefore, the Defendant purchased scrap metal and sold it or did not have the intent or ability to pay to the victim the return of the proceeds therefrom.
The Defendant, by deceiving the victim as such, received KRW 15 million from the victim to the post office account (Account Number:F) in the name of the defendant under the same day as the investment money.
2. At around 19:00 on May 6, 201, the Defendant made a false statement to the effect that “A victim C is performing the work of removing the previous J building located in the Gun, Kun, Kun, Kun, Kun, Kun, and Kun, which is currently performing the work of removing one unit, and the remainder of two units are also performing the work of removing the building, and a request is made for KRW 30 million with the pre-paid payment to supply solid water coming from this place.”
However, at the time, the Defendant entered into a contract to remove the remainder of the J building in addition to the removal work for the one building of the previous J building, or did not have the authority to dispose of the used water generated therefrom, and did not have any particular funds in addition to KRW 30 million received from the victim, and thus, the Defendant did not have the intent or ability to supply the victim with the used water related to the previous J building.
Around May 13, 201, the Defendant, by deceiving the victim, was transferred from the victim to the post office account (Account Number:F) in the name of the Defendant.