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A defendant shall be punished by imprisonment for a term of one year and nine months.
Reasons
Punishment of the crime
1. Around April 30, 2008, the Defendant against the victim C made a false statement to the effect that “When the victim made an investment in a landfill area on the sea of the Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do, in which he/she made an investment, he/she would pay the interest on the second part of the month and pay the principal within 15 days if the principal is required” to the victim.
However, in fact, the success or failure of the defendant's investment project was uncertain, and there was no intention or ability to pay the principal within a given period of time due to the agreement that has not been in excess of the obligation.
The Defendant received a total of KRW 120 million from the victim to August 19, 2008, including the remittance of KRW 12 million on the same day from the victim as the loan money, from the victim, and received a total of KRW 124 million from August 19, 2008.
As a result, the defendant was given property by deceiving the victim.
2. Around July 10, 2009, the Defendant made a false statement to the effect that “When the Defendant was making an investment in the landfill project on the sea by collecting stone from the Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do, in which the Victim E was made, he would pay the interest of 2.5% per month and pay the principal within 15 days if the principal is required if the money is short of the money.”
However, in fact, it is uncertain whether the defendant was successful in the pro rata investment business, and the defendant was able to pay the principal within the fixed period because the defendant was in a sudden situation to prevent him from returning the interest on the bonds in excess of his obligation, even if he borrowed money, he did not have any intent or ability to pay the principal by paying the interest of 2.5 percent per month as the repayment of the debt or the cost of living expenses, or as the contract was made.
The Defendant, including the remittance of KRW 4 million from the victim as the borrowed money, has received KRW 4 million on the same day from the victim, and the sum of KRW 100,000 on 11 times until April 21, 201, is as shown in attached Table 2 of the List of Offenses.