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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall pay 57,260,000 won to the applicant for compensation by deceit.
(e).
Reasons
Punishment of the crime
On June 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a term of one year and eight months at the Busan District Court, and the said judgment became final and conclusive on June 21, 2014.
1. Fraud of the deposit amount of KRW 47,260,000;
A. On July 30, 2006, the Defendant agreed to pay the amount calculated by adding interest to the paid-in amount received until the time when the victim so requests to the injured party as the leading owner at a non-permanent place on July 30, 2006, by organizing and operating the successful bid system.
However, in fact, the defendant operated approximately five systems at the time of organizing the above successful bid amount, and part of the deposit amount is used to repay personal debts, and is appropriated to the deposit amount of other accounts, and even if he receives the deposit amount from the victim, he did not have the intent or ability to pay the deposit amount to the victim on the agreed date after properly operating the above successful bid amount.
Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 20,720,000 from July 30, 2006 to August 2007 by the victim 14 times.
B. On November 17, 2006, the Defendant agreed to pay the amount calculated by adding interest to the paid-in amount received until the time when the victim so requests to the victim, as an influorous owner at a non-place on November 17, 2006, by organizing and operating the successful bid system.
However, the defendant did not have the intention or ability to pay the money to the victim on the agreed date because he operated the award system properly for the same reason as paragraph (1).
Nevertheless, the Defendant deceivings the victim as above, and thereby up to July 2007, the sum of KRW 13,190,000 from November 17, 2006 to July 2007 to nine times from the victim.