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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On July 25, 2013, the Defendant was released on November 28, 2014 and the parole period expired on January 22, 2015 while he/she was sentenced to imprisonment for a crime of fraud in the Suwon District Court Ansan Branch for one year and six months.
【Criminal Facts】
On January 20, 2017, the Defendant made a false statement to the effect that “The Defendant is conducting the project to implement the main complex building in the vicinity of Pyeongtaek-si Station as the representative of the Co., Ltd., in the middle of the 130th century. A approximately KRW 30 million construction and sale of the main complex building is possible, but there is a profit equivalent to KRW 130 billion if the sale of the building is made. If the funds for the business of the party branch loan the amount of KRW 50 billion to KRW 50 billion within the second week, the Defendant borrowed the amount of KRW 50 billion from the funds for the business of the party branch and sold the main complex building with the basic funds, and would give KRW 5 billion out of the profits.”
However, the Defendant did not have any particular income at the time and did not have been engaged in the enforcement business prior to that time, and only thought that the Defendant would have received investments from other persons, but did not properly conclude a land sales contract for the implementation of the above project, and there was no other method of raising funds. In addition, even if the Defendant borrowed money from the victim, he did not think that it would have used it as its office expenses, and did not think that it would not have any intention or ability to reduce the profit as promised by the victim.
Nevertheless, on February 10, 2017, the Defendant, by deceiving the victim as above, received KRW 9.1 million from the victim to the Agricultural Cooperative (D) account in the name of the Defendant from the victim, and received KRW 3,1350,000 from that time to February 22, 2017, in total, five times in the same manner as indicated in the attached crime list.