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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
1. On February 19, 2012, around 14:00, the Defendant stated that “F, the president of the E Group, will take care of the operation of a retired camping room,” to the victim D in front of the Busan Central Building, Jung-gu, Busan. The Defendant made a false statement to the effect that “F, the president of the E Group, will take care of the operation of a retired camping room, and would allow the operation of a store selling fruit, drinking water, etc., to pay money.”
However, the defendant did not have any intention or ability to allow the victim to operate a shop in the open-gu room because he has a relationship of relationship with the chairperson of the E Group or has no management of the closed-gu shop shop.
Around February 21, 2012, the Defendant: (a) by deceiving a victim; (b) transferred KRW 10 million to a post office account under the name of the Defendant; (c) received KRW 4 million in cash on the same day; (d) received cash from the said account on or around the 23th of the same month; (c) received KRW 5 million in cash on or around the 29th of the same month; (d) received KRW 5 million in cash on or around the 29th of the same month; (e) KRW 5 million in cash around March 10, 2012; (e) KRW 5 million on or around March 17, 2012; and (b) KRW 2 million on or around March 13, 2012; and (e) received KRW 18 million on or around March 19, 2012; and (e) acquired KRW 1 million in total over each time.
2. On November 2012, the Defendant made a false statement to the effect that “I restaurant” operated by the Victim H H in the Geum-gu Busan Metropolitan Government G was “I restaurant to the effect that “I restaurant will manage all the premises of the place of resignation and sports, but, upon the settlement of accounts in December 12, I will give one to his or her wife as the store is set up.”
However, the fact is not the manager of the premises of the retired sports ground, and there is no intention or ability to let the father and wife of the victim operate the premises of the retired sports ground.
The Defendant, by deceiving the victim as such, received two million won in cash at the above restaurant around 23:00 of the same month from the victim, and around that time he received 600,000 won and 7 million won in cash from the post office account on two occasions under the balance, and on March 3, 2013, the Defendant was transferred to the above restaurant.