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The punishment of the accused shall be determined by two years of imprisonment.
Reasons
Punishment of the crime
around March 5, 2004, the Defendant made a false statement to the victim B stating that “Around March 5, 2004, the Defendant would allow the victim B to open a sales store with a license for a sales store for Rotototototototo 20,000 won with the money of the State.”
However, even if the defendant received the above money from the victim, he had the intention to use it for personal purposes, so he did not have any intention or ability to obtain permission of the Guro Lottery Tickets sales store.
Nevertheless, the Defendant deceiving the victim as above and received KRW 20 million from the victim B to the C bank account (D) in the name of the Defendant at around 15:00 on March 5, 2004. Moreover, from the above date and time to October 25, 2004, the Defendant transferred and received KRW 180,000,000 from the total three victims in the same manner, as shown in the separate crime list, in total from the above date and time to October 25, 2004.
Accordingly, the defendant was delivered property by deceiving the victims.
[2019 Highest 938] The Defendant, around 15:00 on October 13, 2003, invested KRW 200,000 to the victim E, may borrow ten or more places of business in the border area.
The rental contract for a business establishment shall be concluded in the name of the victim, and the monthly profit of each business establishment shall be expected to be KRW 3 million, and it may increase the total income of KRW 30 million.
In the month, at least 4 million won will be paid.
‘Falsely speaking, it entered into an agreement with F that introduces the defendant, the victim, and the victim to the defendant, as well as with F that introduces them.
However, even if the Defendant received the above investment money from the victim, the Defendant did not have the ability to establish ten or more lottery places in the border area in the name of the victim, and did not have the intent or ability to pay the proceeds to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, had the victim take up KRW 100 million around October 14, 2003, and KRW 98 million around the 17th day of the same month.