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A defendant shall be punished by imprisonment for not less than two years and six months.
30,000,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
[criminal power] The Defendant was sentenced to imprisonment with prison labor and three years and six months at the Gangnam Branch of the Chuncheon District Court on September 17, 2015, and the said judgment became final and conclusive on September 25, 2015, and the same criminal records of fraud were added five times more.
【Criminal Facts】
The Defendant came to know of the Victim C at around December 2013, 2013 with the introduction of Doman-ri, Dok-ri, 2015, and had the Defendant receive money from the victim while working as the head of the NIS.
1. On February 2014, the Defendant made a false statement to the effect that “E” clothes of the victim C’s operation “E” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant provided the victim with two rental apartments in the name of the State Council in the name of the State Council as a rain. One of them is a rental apartment located in the fourth complex of the Yong-gu, the Y-si. As other people live in the name of F, the Defendant would allow a person living in the name of the victim to purchase and sell the rental apartment in the name of the victim if he/she returned KRW 24 million to return the rental deposit for the rental apartment.”
However, in fact, the defendant was not a personnel of the NIS, but the defendant did not receive the above rental deposit, so even if he received the above rental deposit, he did not have the intention or ability to transfer the rental apartment to the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 24 million in total from the victim, under the pretext of returning the deposit for lease on February 17, 2014, KRW 1 million, KRW 7 million on February 20, 2014, and KRW 6 million on March 18, 2014.
2. On March 2014, 2014, the Defendant: (a) made F, who is a brue in F, and made a phone call to the victim C; and (b) made a false statement that “A’s name 24 million won rental apartment was influence; (c) considered A’s 48 million won rental apartment was influence and deposited KRW 24 million in A; and (d) the Defendant continued to make a phone call to the victim.”