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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Highest 2019 highest 158;
A. On April 2017, the Defendant called “C” restaurant located in Jeju-si B, Jeju-si, that “When investing in the landscape gardening business run within the city, the Defendant would make a monthly profit of KRW 10 million per investment.”
However, even if the defendant received the investment money, he did not have the intention or ability to pay the money properly or to pay the profit, and he thought that he used the money received from the above victim as the Internet gambling fund.
As such, the Defendant, by deceiving the said victim, received from the said victim KRW 7,50,00 on May 1, 2017, plus KRW 4,00,000 on or around May 3, 2017, and KRW 5,000,000 on or around May 4, 2017, and KRW 5,000 on or around May 9, 2017, and KRW 5,000 on or around May 27, 2017, and KRW 3,00,000 on or around May 27, 2017, and around May 28, 2017, including KRW 2,00,000 on or around June 3, 2017, and KRW 31,500,000.
B. Around April 2017, the Defendant stated that “A” restaurant in Jeju-si B referred to as “C” (n, 50 years of age) the victim E (hereinafter referred to as “I would like to make an investment in the landscape gardening business run by the Gu”) one million won per month.”
However, even if the defendant received the investment money, he did not have the intention or ability to pay the money properly or to pay the profit, and he thought that he used the money received from the above victim as the Internet gambling fund.
The Defendant, as such, by deceiving the said victim, received KRW 10,000,000 from the said victim under the pretext of investment in landscaping business around May 8, 2017.
2. On July 24, 2018, the Defendant entered into a contract for automobile facility leasing under the condition that at the G Jeju exhibition center located in F on July 24, 2018, the user fee of the said victim H Co., Ltd. (former I Co., Ltd.) shall be paid in 1,371,995 won each 25th day from July 24, 2018 to July 23, 2023, with respect to the said victim’s J car owned by the said victim, and on August 1, 2018, the said vehicle was delivered and kept for the said victim’s company, and on March 1, 2019, the first day of March 2019.