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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. Fraud against the victim B;
A. Around October 2008, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government, concluded that “The Plaintiff would have a hot spring site from the Plaintiff’s house located in Gangnam-gu Seoul, and would have left profits from resale in the construction company after purchasing the land for the investment group. The Defendant would return 300 million won to two times after the tin month, and pay a monthly interest.”
However, the Defendant did not have invested in a hot spring site purchase project at that time. Accordingly, even if having received money from the victim, the Defendant did not have any intent or ability to pay the victim two times the money within a short time after investing in the project.
Nevertheless, the Defendant deceptioned the victim as above, and acquired the victim’s total sum of KRW 150 million from the victim’s new bank account (D) around October 17, 2008, KRW 100 million around October 24, 2008, KRW 25 million around November 5, 2008, and KRW 3.5 million around November 18, 2008.
B. On November 2008, the Defendant entered the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government on the investment name of the Switzerland iron mine business, saying, “The Defendant, at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government on the part of the police officer, has a strong steel from the Switzerland, and the other team is proceeding with the extraction of iron tin in one mining area at the present. The Republic of Korea is trying to account for the adjacent mining area. At the present time, the amount of KRW 2 billion is an investment, and the said amount may bring about the share if said amount is deducted, and if said amount is invested, the dividend for the share will first be paid.”
However, at that time, the Defendant did not have invested in the said projects, and even if receiving money from the victim, there was no intention or ability to pay dividends to the victim by acquiring shares after investing in the said projects.
Nevertheless, the defendant is above.