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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud;
A. On March 17, 2016, the Defendant made a false statement to the victim that “When making an investment in an individual bond business, he/she will guarantee high-profit profits” to the victim at a place where it is not possible to know the place of around March 17, 2016.
However, at the time, the defendant was operating a bond business with D and others, but even if he received an investment from the damaged party due to the situation in which he paid high interest, he was planned to use not only the intent or ability to deliver the profit to the injured party but also the money received from the injured party for personal debt repayment, etc.
As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Bank Account under the name of the Defendant on the same day from the victim, as investment money, and acquired it by deceiving all five times as shown in the attached Table 1 re-afforth from around the above day to June 11, 2016, by delivering KRW 2,974,00,000 from the above day to June 1, 2016.
B. On May 2016, the Defendant made a false statement to the victim C, stating that “The Defendant would repay the money if it is necessary to operate clothes in the Jinhae market.”
However, in fact, even if the defendant borrowed money from the injured party due to the situation such as the above 1-A clause, he was planned to use not only the intent or ability to repay the money but also the money received from the injured party for personal debt repayment, etc.
Around May 27, 2016, the Defendant, by deceiving the victim, received KRW 4 million from the victim, to the Agricultural Bank Account under the name of the Defendant, from the victim, and acquired it through deception.
(c)
The Defendant, at around April 25, 2016, deceiving the victim in the same manner as the statement in the above paragraph 1(a) by deceiving the victim to the victim in the Dondong-gu, Changwon-si, Changwon-si.