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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. On December 2013, the Defendant made a false statement to the victim of the victim C’s clothes store located in Jung-gu, Busan, the Jung-gu, stating that “When investing KRW 30 million in B, the Defendant would allow the victim to own the studio building equivalent to KRW 1 billion after 3 to 4 years.”
However, at the time of fact, the Defendant did not have certain property and fixed income, and the personal debt is equivalent to 35 million won, and the Defendant did not have any intention or intent to enable the victim to own the studio equivalent to 1 billion won as agreed, even if he received money from the victim, even if he did not use it for the studio investment business, such as purchasing the studio in return for the cash received from the victim, and did not intend to use it for the studio investment business.
Accordingly, the Defendant received KRW 25,00,000 from the victim’s victim’s child at the end of his/her false statement in the above manner, as described in attached Table (1) from December 27, 2013 to November 6, 2018, a sum of KRW 423,550,00 in the above manner, including receiving KRW 25,00,00 from the F Bank Account (number G) in the name of the Defendant’s wife’s wife’s wife as the studio investment loan around December 27, 2013.
2. On November 3, 2014, the Defendant made a false statement to the victim that “I will pay clothes to the victim in the outside room after the front of the clothes” at the above clothes store.
However, at the time of fact, the defendant did not have certain property and fixed income, and his personal debt is equivalent to 35 million won, and even if he purchases a clothes from the victim due to the situation where he obtained income equivalent to the living expenses from the victim while he did not have an ability or intention to pay the price normally.
As a result, the Defendant, at the same time, has a variety of significances equivalent to KRW 450,00 from the victim’s place around November 3, 2014.