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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal power] On October 30, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Suwon District Court, and the judgment was finalized on January 29, 2015.
【Criminal Facts】
The defendant was a person who operated a D gas station in Ansan-si, and has transacted with the victim E and petroleum since January 2008, and has been trying to acquire money from the victim based on the victim's trust in the process.
On October 24, 2011, the Defendant made a false statement to the victim that “The Defendant would return the profits higher than the bank would return the profits higher than the Plaintiff, if the Defendant lent the oil purchase fund to the G office located in F in Ansan-si, which is operated by the victim. As a result, it was possible to purchase the imported oil in a large quantity. Therefore, since there are many consumption in winter, the Defendant would be able to purchase the oil in a large quantity.”
However, in fact, the Defendant purchased the imported oil in a large quantity, and did not have the intent or ability to pay profits by selling it in a large amount. Of the money received from the victim, part of the money was used as the funds for the operation of the D station operated by the Defendant. Some of the money was intended to use it for futures investment, and there was no intention or ability to pay interest to the victim or return the principal.
As such, the Defendant, by deceiving the victim as such, received from the victim a transfer of KRW 70 million, around October 24, 201, around March 19, 201, KRW 100 million around March 19, 201, KRW 60 million around September 22, 2012, KRW 30 million around September 24, 2012, KRW 19.5 million around October 31, 201, KRW 140 million around December 7, 2012, to each of the Defendant’s accounts under the name of each of the Defendant.
As such, the Defendant, by deceiving the victim, received a total of KRW 420 million from the victim and acquired the victim by transfer.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. The defendant;