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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On May 2014, the Defendant is running a fund in which the principal is guaranteed to the victim E in a D indoor golf practice place located in Songpa-gu Seoul Metropolitan Government around 2014.
When joining the fund, at least the principal can be guaranteed, it can gain a lot of profits.
“The phrase “ was false.”
However, even if the Defendant received money from the injured party, the Defendant did not have the intent to invest in the fund, and intended to use it in another place, and was a person with no particular property or income at the time, and was a bad credit, so there was no intention or ability to return the principal to the injured party.
The Defendant received KRW 2,00,000 from the damaged person’s new bank account in the name of F on May 10, 2014, from the Defendant, to the new bank account in the name of F, and received KRW 7,150,000 from around that time to June 7, 2014, as shown in [Attachment 1-4] Nos. 1-4 and 7,150,000 from around that time.
Accordingly, the defendant was given property to the victim by deceiving the victim.
2. On July 2014, the Defendant would receive money from the father later and complete payment from the father if the Defendant borrowed the money to the victim at the above golf practice site, “A building with convenience points in operating the father’s convenience store is owned by the father.” If the Defendant borrowed the money at the expense of the father’s office, then he would receive money from the father later.
“The phrase “ was false.”
However, even if the defendant received money from the injured party, the defendant was willing to use the money for gambling. Since there was no particular property or income at the time and was a bad credit holder, there was no intention or ability to return the principal to the injured party.
The Defendant received KRW 1,00,000 in cash from the injured party on July 7, 2014, and received KRW 5,000,000 from the Saemaul Treasury account in the name of G on the same day, and borrowed KRW 71,37,830 in total over 82 times from around that time to January 29, 2015, such as the receipt of KRW 5,00,000 from the Saemaul Treasury account in the name of G, etc.