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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 August 6, 2007, the Defendant committed fraud at the E hotelF coffee shop located in Gangnam-gu Seoul Metropolitan Government on August 6, 2007, the Defendant stated to the effect that “A victim G, who became aware of through a golf meeting, is the president of the right of legacy by the husband who is the vice president of the Korea Development Bank, who is the president of the right of legacy, and the inside of the Republic of Korea intends to invest twice the principal in the private equity fund of the said right of legacy. If an investment is made for three years, 30 million won is invested.”
However, at the time of receipt of money from the victim, the Defendant only did not have a plan to make an investment in the private equity fund of the said right, and at that time, the Defendant did not have any particular property but was in a situation where it is difficult to repay the principal and interest of the fund. Therefore, even if the money was received from the victim, there was no intention or ability to return the principal and interest of the fund.
Accordingly, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the new bank account in the name of the Defendant, and acquired it by deceiving the victim.
2. Around May 2009, the Defendant committed fraud on July 30, 2009 stated to the effect that “The said victim is the difference between the denial of the president of the TSX Group and only once a week. However, the denial of the president of the said group is required to pay money in the TSX Group. If the money is lent, it will only be used for eight months and return money in March 2010.” If 30 million won is lent, it would be possible to lend money.”
However, at the time of the receipt of money from the victim, the defendant only intended to repay his existing debt, and there was no fact that the denial by the president of the above STX Group attempted to borrow money through the defendant, and at that time, the defendant did not have any particular property, while there was considerable damage.