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A defendant shall be punished by imprisonment for two years.
The defendant shall obtain money from B who is an applicant for compensation 400,000 won, and C who is an applicant for compensation.
Reasons
Punishment of the crime
[Criminal Justice] On January 29, 2018, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Jung-gu District Court, and completed the execution of the sentence on December 16, 2018 at the Ansan Prison.
【Criminal Facts】
around April 23, 2019, the Defendant stated that “Around April 23, 2019, the Defendant sent a false statement to the Defendant’s house located in the Seo-gu Seoul Western apartment P, that he would deliver the said golf bonds if he first deposits the price to the victim S who visited the Defendant, by accessing the Defendant’s house located in the Seo-gu Seoul Metropolitan Government P, to sell the golf bonds.”
However, in fact, the defendant did not have golf bonds, and even if he received money, he did not have an intention to deliver golf bonds.
As above, the Defendant, by deceiving the victim, received KRW 910,00 from the victim’s post office account in the name of the Defendant, and received KRW 910,00 from that time until May 8, 2019, and acquired KRW 5,680,00 in total from the victims six times in total, as shown in attached Table 1 of Crimes List 1.
Around April 22, 2019, the Defendant posted a letter to the effect that “a golf bond is sold” on the Internet site QKafin “R,” and made a false statement to the effect that “a golf bond is sent if it is deposited in KRW 1,430,000,000.”
However, the defendant did not have golf loans, so even if he received money from the victim, he did not have the intention or ability to send golf bonds.
The Defendant, as such, by deceiving the victim, received 1.43 million won from the victim for the purpose of golf loans, and received 24,790,000 won in total from around that time to September 16, 2019, as shown in attached Table 2, from around 44 times, as well as from around September 16, 2019.
Summary of Evidence
[2019 Highest 2262]
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each statement of S, T, U, V, W, X;
1. Each statement of transfer, each statement of sale and posting, each of them;