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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
【2019Gohap104】
1. On October 7, 2018, the Defendant made a false statement to the victim B, who was aware of the trade name near the Guro-gu Seoul Metropolitan City Do Docheon-ro 477 Guro Digital Group area, stating, “If he/she is in a situation in which he/she manages the auction building of a bank. If he/she loans money, he/she is in a situation in which he/she is given monthly salary, etc., he/she will temporarily use it and repay it as he/she receives management expenses from the bank.”
However, the defendant did not engage in the management of the auction building of the bank, and only planned to consume the money received from the victim for horse racing, bicycle racing, etc., so there was no intention or ability to repay the money even if he borrowed the money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim’s account under the name of the Defendant (D) on the same day, and received KRW 105,100,000 in total over 22 times from around that time to January 28, 2019, as shown in Attached Table 1, as shown in Attached Table 1.
Accordingly, the defendant was given property by deceiving the victim.
2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E calls to the victims of the same elementary school from the students of the same elementary school on January 3, 2014, and falsely stating, “The daily allowance of the security service personnel shall be paid in advance to the security service company. When lending money, 30% of the principal and interest shall be paid together with the money entering the security service after completing the security service.”
However, the Defendant did not actually operate the security-related business, and was only planned to consume the money received from the victim for horse racing, bicycle racing, etc., so there was no intention or ability to repay the money even if borrowed from the victim.
As such, the defendant deceivings the victim and is subject to such deception from the victim.
1.4. In a de facto marital relationship with the accused;