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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
【Criminal Power】 The Defendant was sentenced to three years in Seoul High Court on October 13, 2005 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on July 4, 2007 at the Seoul Southern District Court on April 200 and January 24, 2008 at the Seoul Southern District Court on January 24, 2008 to six months for a crime of fraud, respectively. The Defendant completed the execution of the sentence on June 15, 2008 in the Net Prison.
【The Defendant, at a place where it is unknown on July 2013, calls the victim E at a place where it is unknown, saying, “The Defendant is well aware of the method of tax saving by working in the domestic tax office, and intends to purchase and sell again the 4th 5.3 billion fake building in Gangnam-gu Seoul, Seoul, thereby gaining more profits than other people by means of saving in the process. As such, the Defendant would give profits to other shareholders, i.e., giving rise to the future profits of the other shareholders. As such, the Defendant would make an investment up to the time of purchase of the building up to September 24, 2013.”
However, there is no particular property or income, and the defendant thought that he will receive money from the victim to use it for the purpose of living expenses, etc., and there was no intention or ability to pay the proceeds promised even if he did not have the ability and intent to purchase the above building.
On August 6, 2013, the Defendant, by deceiving the victim, received KRW 100,000 from the victim and received KRW 230,000,000 from the Agricultural Cooperative Account in the name of the Fund in charge of the settlement of accounts (Account Number: G), KRW 50,000,000 from the same account on August 9, 2013, and KRW 50,000,000 from the same account on August 30, 2013, and received KRW 30,000,000 in total from the same account on October 29, 2013.
Summary of Evidence
1. The defendant's partial statement is 23.3 billion won from the victim.