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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
Around November 2016, the Defendant, who became aware of in the Internet car page called "B," had a real estate leasing business or no commercial building, and operated five commercial buildings located in Gwangju, by making a false statement to the effect that "The Defendant is operating a real estate leasing business, and is holding a D apartment house in the vicinity of Seoul Masan Station."
As above, the Defendant, while doing so with the victim as if the Defendant was a property, was trying to obtain money from the victim while putting the victim in collusion with the victim. On September 18, 2017, the Defendant made a false statement to the victim that “I would like to purchase two apartment bonds in the orchard. If the Defendant borrowed money, I would like to dispose of commercial buildings equivalent to 2.2 billion won at the market price and pay it within one year.”
However, there was no apartment purchase, and the defendant did not own a commercial building of 2.2 billion won at the market price, and there was no intention or ability to repay even if he borrowed money from the victim due to no certain income or property.
As above, the Defendant, by deceiving the victim, received 10,00,000 won check from the victim and six copies of the check of KRW 10,000,000 in total, and received 70,000,000 from the victim, as well as from that time, 2019.
4. Until December 25, 200, a total of KRW 234,00,000 was delivered eight times as shown in the annexed list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to the certificate of request for remittance, each account statement, each borrowed document, and written statement;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the defendant's mistake in sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is recognized, and the victim agrees with the victim.