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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2013 Highest 118"
1. On September 10, 201, the Defendant made a false statement to the victim E at a field office located in Gyeonggi-gun C, Gyeonggi-do, stating that “When the F Corporation is completed, the Defendant will grant the victim E the right to operate the Kapeta, the right to operate the Katong, and the right to operate the bicycle in the Kapeta Campping site. In order to grant this business right, the Defendant made a false statement to the effect that 25 million won is required.”
However, the defendant, as a credit bad person at the time, was thought to be used for the purpose of repaying bonds with money from the victim, and did not have any intention or ability to give the victim the right to operate the Kapetia in F.
As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the post office account in the name of G, KRW 7 million on October 4, 201, KRW 3 million on October 17, 201, KRW 5.8 million on October 31, 201, KRW 7 million on November 2, 201, and KRW 5 million on November 18, 201, to the post office account in the name of G, the Defendant was transferred under the name of Dong resident.
2. On November 20, 201, the Defendant made a false statement to the victim I at the construction site of the fourth River Project F located in the Gyeonggi-gun, Gyeonggi-do, that “If there is KRW 95 million, the Defendant may be granted the right to operate the water skiing boat business near F that is promoted by the Government. By 24 days, the Defendant shall transfer KRW 50 million to the Government, and the remainder shall be deposited at the cost of the payment when the payment is to be made. 5 million won shall be written at the cost of internal introduction. The notice of confirmation of the right to operate the business is from the end of December 201 to the end of January 201, 201.”
However, the defendant was thought to be used for the purpose of repaying bonds with money from the victim as a bad credit holder at the time, and there was no intention or ability to give the victim the right to receive the water skiing business.
As such, the Defendant deceivings the victim, and thereby deceivings it from the victim on November 24, 201, and KRW 50 million on November 29, 201, and KRW 45 million on November 29, 201 to the post office account under the name of the said G as the expenses for selecting the business rights of the water skiing ground.