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The punishment of the accused shall be determined by ten months of imprisonment.
Reasons
Punishment of the crime
On June 28, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Incheon District Court, and the said judgment became final and conclusive on July 9, 2019.
1. Fraud;
A. On May 14, 2018, the Defendant sent a phone call to the victim B, a middle school alumni, and concluded that “A few whites have been made by entering the fund in a small year. B. If B. as the principal contractor, he/she can enter into a contract easily if he/she sets up the width as the secondary contractor. It would pay the principal and the profits three months after the principal is paid.”
However, the defendant did not have any intention or ability to pay the principal and the profit normally to the victim because he did not intend to use it as card payments, living expenses, etc. even if he received the fund investment funds from the victim.
Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 50,500 from the victim to the Cbank account (D) in the name of the Defendant on the same day, and received a total of KRW 1,02,500 from the above date and time to June 10, 2018, as shown in the attached Table of Crimes List (1).
B. On July 3, 2018, the Defendant made a false statement to the victim, stating, “Aplower E with a driver’s intention to leave the phone,” “Aplower with a driver’s intention to leave the phone.”
However, in fact, E is a person of a tool created by the defendant, and even if the defendant received money from the victim from the beginning to use it for card payment, living expenses, etc., he did not have the intention or ability to use it as a tool cost, even if he received money from the victim.
Nevertheless, the Defendant, by deceiving the victim, received KRW 500,00 from the victim’s account (D) in the name of the Defendant on the same day, and received KRW 500,00 from the victim, and received KRW 14,171,000 in total from the above date to September 2, 2018, as shown in the attached Table of Crimes List (2).
(c).