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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 2006, the Defendant: (a) at a restaurant run in Mapo-gu Seoul on his own in Mapo-gu on the early 2006, the Defendant: (b) informed of the victim C, who was aware of his knowledge, made an accident that his wife would have made an investment of a large amount of money in his own government and the game room located in Mapo-gu; and (c) accordingly, he also caused his accident that his wife would have a high income; (b) there is no concern that his wife would be able to control the subsequent as a member of the city of unemployment in the game room; (b) he made an investment by raising a large amount of money. The Defendant made an additional payment at the end of the year that he made an investment of more than KRW 100 million on the basis of a small amount of money. (b) By making an investment of KRW 100,000,000,000 to receive monthly interest and dividend payment.”
However, the defendant did not have invested in the game room at the time, did not have any particular income or property, and had the intent to consume the cost of living, such as credit card payment, with the money received from the victim, etc., even if he received money from the victim for the purpose of investment in the game room, there was no intention or ability to pay interest or dividend, or return the principal.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on June 30, 2006 at one bank account (Account Number D) in his own name on the basis of his investment deposit, as well as from the same day to July 16, 2008, the Defendant received a total of KRW 130 million from the victim on eight occasions, as described in the list of crimes in the attached Table, from the same day.
Accordingly, the defendant acquired money of 130 million won by fraud of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement concerning C;
1. Statement to C by the police;
1. Details of transactions by account, and application of Acts and subordinate statutes on loan certificates;
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.