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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. Joint crimes with B;
A. On May 2015, the victim C and D’s defrauded and B (Death on March 26, 2019) made a false statement to the effect that “The victim C and D may pay 300 million won interest every month when investing in the business of the Republic of Korea casino” to the victim C and D in an unsound place of not more than Daegu Suwon-gu in the Seocho-gu, 2015. At present, the victim made a false statement to the effect that “The victim C and D shall be able to pay 300 million interest every month. It shall not be able to hold a deposit operating the VIP disease in the Republic of Korea and provide it as security.”
However, in fact, the Defendant and B had been thought to use the above money as the criminal agreement amount, personal debt repayment, or the living expenses of the Defendant. Since they did not have the above security deposit, they did not have the intent or ability to pay the principal and the profits to the victims as above.
The Defendant, in collusion with B, by deceiving victims as above, received KRW 440 million from the victims to the F Bank account (G) in the name of the Defendant on May 26, 2015, and received KRW 50 million from the F Bank account (G), and acquired the total amount of KRW 500 million by cash delivery of KRW 10 million and KRW 10 million.
B. Around September 16, 2017, the Defendant and B made a false statement to the effect that “the Defendant would pay monthly revenues to the victim H when investing in the said activities.”
However, in fact, the Defendant and B did not have the intent or ability to pay the principal of the investment to the victim because they did not have any intent or ability to pay the principal of the investment to the victim because they received the said money or agreed to use the existing debt of B as the living expenses of the Defendant.
As above, the Defendant deceivings the victim, and thereby deceivings the victim, KRW 70 million from the victim to the I Bank Account (J) in the name of D, 68 million.