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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 9, 2016, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of fraud in the support of Sung-nam branch of Suwon District Court, and the above judgment became final and conclusive on September 20, 2016.
The defendant of "2017 Highest 350" is a person who engages in the Lart Membership sales business under the trade name of "E".
On March 2016, the Defendant made a false statement at the victim G's office located in the Namyang-si, Namyang-si, that “The Defendant would return the registered membership in the class of Taeyang-gu, Taeyang-gu, Jinyang-gu, the previous status of the party, and change the KRW 45 million to the registered membership in the class of 150 million in the face of the week, 150 million in the face of the week.”
However, the Defendant thought that he would receive additional 45 million won from the injured party to pay his personal debt, and thus, the Defendant did not have any intention or ability to purchase the peld class bearer membership from the beginning.
As above, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim, through a new bank account (number: H) opened in the name of the Defendant from the victim; (c) around March 31, 2016; and (d) KRW 40 million around April 5, 2016; and (d) five million by deceiving the victim.
On September 1, 2016, the Defendant stated that “Around September 1, 2016, the Defendant would allow the victim to live in KRW 27 million of a member of the Victim J, which is located in the Council of the Government of the Republic of Korea.”
However, the Defendant was not the director of the name-building and was willing to pay his personal debt with the money from the injured party, so there was no intention or ability to purchase the membership of the name-building from the beginning.
The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 5 million to the account (K) of the Defendant’s name from the victim on September 1, 2016; and (c) transferred KRW 12 million to the said account on September 2, 2016; and (b) received KRW 27 million in cash from the victim on September 2, 2016.