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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On March 2016, the Defendant made a false statement to the victim B of the instant coffee shop in the Jung-gu Incheon Jung-gu, Incheon, stating that “If he purchased a middle bitr and leases it to the customer, he/she may receive the rent. The rent of the middle bitr shall be 250,000 per month, and if he/she purchases the bitr, he/she shall pay the rent monthly.”
However, even if the defendant receives the purchase price from the victim, he thought that he will use it for personal purposes such as repayment of debts and gambling, and did not have the intention or ability to lease it.
On March 15, 2016, the Defendant received KRW 11 million from the victim to the account of community credit cooperatives (E) in the name of the Defendant in the name of the Defendant as the purchase price for the middle- and middle-term Leper, and received from August 8, 2017 a total of KRW 340,130 million from that time to August 8, 2017.
2. Around July 2017, the Defendant made a false statement to the victim that “The Defendant would make a money exchange business against foreigners who enter the present scam of elementary schools and alumnis in the Philippines, and the rate of return is fine. If the Defendant invests KRW 20 million in the money exchange business, the Defendant would make a monthly profit of KRW 1.6 million until the end of each year.”
However, in fact, the defendant received money from the victim and did not have the intent or ability to pay the profit by investing in the money exchange business only when he wishes to use it for personal purposes as stated in the above paragraph 1.
Around September 20, 2017, the Defendant received from the victim the money of KRW 20 million from the victim to the account of the above community credit cooperatives in the name of the Defendant and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Each loan certificate or each cash receipt;