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A defendant shall be punished by imprisonment for three years.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
"2018 Highest 80 "
1. On December 8, 2015, the Defendant entered into a contract with the victim’s H on the phone at around 14:00 on December 8, 2015 and paid the down payment by phoneing the victim’s H.
If the down payment of KRW 30.6 million is sent, the profit including the principal will be paid after three months.
“The purpose of “ was to make a false statement.”
However, the defendant did not have entered into an apartment sales contract, and even if he received money from the injured party, he did not have the intent or ability to pay the money to the injured party because he thought that he would use it in repayment of his personal obligation.
The defendant deceivings the victim as above and acquired the money from the victim to a new bank account in the name of the defendant under the same day as the down payment.
2. On August 5, 2016, the Defendant was 6 million won with a phone called from the victim at the place of influence on August 5, 2016 and was able to make an investment only for one month.
The contract deposit amount of KRW 20 million shall be prepared in the name of the victim and the principal and the profits shall be paid after one month.
“The purpose of “ was to make a false statement.”
However, even if the defendant receives money from the injured party, he did not have any intention or ability to pay the money to the injured party because he thought that he will use it to repay his personal debt.
The defendant deceivings the victim as above, and let the victim transfer 6 million won to the Korean bank account of I on the same day, and he received it from I to be transferred to the criminal administration account in the name of the defendant.
The Defendant, from February 2009 to February 223, 2018, receives monthly pay according to the conclusion of an insurance contract without any basic amount and receives a large amount of insurance coverage. In the event that an ordinary insurance company pays annual insurance proceeds in advance, 4% interest shall be paid per annum for such advance payment.