beta
Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. In June 2016, the criminal defendant against the victim B stated that "the defendant may, if he/she invests in the Government bond of Australia, pay a short-term high-rate profit to the Government bond of Australia," and C stated that "the defendant's horse may be trusted and work together with the victim in Overcheon-si D around August 2016, the victim may obtain 30% annual profits from the Government bond of Australia."
However, even if the defendant received money from the injured party through C for the purpose of investment, he thought that it would be used as expenses for staying there, such as expenses for the purchase and repair of his house, expenses for settlement of Australia, school expenses, etc., and he did not have any intention or ability to pay the profit by investing in the
The Defendant, by using C as such, deceiving the victim, and transferred the amount of KRW 30 million to C’s bank account (E) with C’s name on August 5, 2016 from the victim, and caused C to transfer the said amount to C’s account (F) with the Defendant’s name. From that time, the Defendant received a total of KRW 78,670,000 by the above means as stated in the List of Crimes (1) up to January 30, 2019, as shown in the List of Crimes (1).
2. The fraud C with respect to the victim G refers to the victim’s reliance on the Defendant’s horse and, around February 2017, the victim stated that “In the event that an investment is made in the Government bond goods from Australia, 45% per annum, making an investment.”
However, even if the defendant received money from the injured party through C for the purpose of investment, he thought that it would be used as expenses for staying there, such as expenses for the purchase and repair of his house, expenses for settlement of Australia, school expenses, etc., and he did not have any intention or ability to pay the profit by investing in the
The Defendant, using the foregoing, deceivings the victim by deceiving C and transferred KRW 9 million from the victim to C’s bank account (E) on February 9, 2017.