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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On October 11, 201, the Defendant made a false statement to the victim C at a coffee shop, where it is impossible to know the trade name located in Mandong-gu Incheon Metropolitan City, stating, “When purchasing and selling home fluor gift certificates again, there is a company giving profits of 15% per month, and there is an intent to make an investment, monthly profits of 1.5 million won per 10 million won per month, and there remains a separate benefit of 5% per month, and even in the first month, up to 5% of its profits, and 15% profits may continue every month.”
However, the defendant was thought to use it for personal purposes even if he received money from the victim because he was liable for the personal debt equivalent to KRW 150 million at the time, and there was no intention or ability to return the benefit of KRW 1.5 million every month to the victim.
Around October 14, 2011, the Defendant, by deceiving the victim as above, was delivered KRW 10 million to the bank account in the name of the Defendant to the bank account in the name of the Defendant.
2. On October 24, 2011, the Defendant made a false statement to the victim at a coffee shop, where it is impossible to know the trade name in Man-dong, Nam-gu, Incheon Metropolitan City, that “I need KRW 10,000,000 for domestic business funds, and if I would use the victim’s credit card, I would use the card and treat the card price clearly.”
However, the defendant did not carry out specific business at the time, and even if using the credit card of the victim, there was no intention or ability to pay the price.
The Defendant, by deceiving the victim as above, received three copies of credit cards in the name of the victim from the victim, and then settled a sum of KRW 10 million around October 26, 201, thereby acquiring property profits equivalent to the same amount.
3. On November 26, 201, the Defendant needs to purchase the 150,000 foot mountain ginseng 150,000 won (2.250,000 won) at a coffee shop where the trade name in Man-dong, Nam-gu, Incheon is unknown.