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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
It recognizes the changed criminal facts within the extent that it is recognized as identical to the facts charged and is not disadvantageous to the defendant's exercise of defense right.
The Defendant, “2018 Highest 531”, even though there was no certain income, and even if there was no intent or ability to have the victim repay money or receive money from the victim B due to the fact that there was no debt, the Defendant deceivings the victim seven times over seven occasions and received total KRW 96,40,000 from the victim.
1. On March 5, 2017, the Defendant: (a) by deceiving the victim by means of lending money to the victim for lack of living expenses; and (b) by deceiving the victim; and (c) received KRW 3 million from the victim around that time.
2. On March 6, 2017, the Defendant: (a) by deceiving the victim in a false manner that “the victim has a case of Daegu Complex Construction; (b) has to take personnel management; (c) has changed to KRW 30 million; and (d) was wired KRW 30 million from C to E Association (F) account in the name of the Defendant’s mother designated by the Defendant on the same day according to the entrustment of the victim.
3. On March 20, 2017, the Defendant: (a) by deceiving the victim in a false manner that reads “the need to pay money in order to comply with the steel construction in Busan G; and (b) was transferred from the victim to the H I bank account (J) account designated by the Defendant on the same day.
4. On March 27, 2017, the Defendant: (a) by deceiving the victim by “the volume of Gimhae K construction would be received; (b) would change the cost of KRW 10 million; and (c) was remitted KRW 10 million from the victim to the account designated by the Defendant on the same day.”
5. On April 18, 2017, the Defendant: (a) deceiving the victim by “a person who has no fees for certified judicial scrivener in order to establish a corporation in Busan; (b) lending KRW 400,000 to another; and (c) deceiving the victim by false means; and (d) deceiving the victim.