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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant of the "2013 Highest 1235" was entrusted with repair to the Ek Center operated by the husband of the victim D in Seongbuk-gu Seoul Metropolitan Government, and became aware of the victim.
Around July 10, 2012, the Defendant made a false statement to the effect that “The Defendant would raise the interest of KRW 1 million when investing KRW 100,000,000,000,000,000,000,000,000,000,000,000 won by making two or more investments that may not be known to the Government, and made two investments to the Defendant.”
However, at the time, the Defendant had a debt equivalent to KRW 140,000 and KRW 52,00,000 to Ma-gu F, with no particular revenue, and was thought to be used as living expenses even if the Defendant received an investment from the victim due to bad credit standing without any specific revenue, and there was no intention or ability to make an investment in the gold bullion.
As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim on July 11, 2012, and acquired it by deception.
around January 4, 2012, the Defendant made a false statement to the effect that “The Defendant would make an investment in the amount of KRW 3 billion in preparation for a gold-generating business,” and that “The profits will be returned within 15 days with 10% of the profits by investing in the gold if it is lent money.”
However, the Defendant did not make an investment of KRW 3 billion at the time, and even if the amount borrowed from financial rights, etc. exceeds KRW 25 million and borrowed money from the victim, the Defendant did not have the intent or ability to invest the money in the gold, and there was no intention or ability to pay the principal and profit.
The Defendant was transferred from the victim the sum of KRW 2 million on January 9, 2012, and KRW 52 million on January 11, 2012 to the bank account in the name of the Defendant’s father-child.
Accordingly, the defendant received money and valuables by deceiving the victim.