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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2016 Highest 2874"
1. On December 9, 2014, the Defendant would give KRW 20 million including the principal from June 2015 to the victim B, who became aware of in the front day of the new-gu Seoul Special Metropolitan City, the New-ro Bank through the online game “fluore club” club around September 2014, to the victim B, which was aware of through the online game “fluore club” club.
“.....”
However, at the time, the Defendant did not have the intent or ability to pay the said investment money within the period of promise even if he received the said money as a gold investment, and there was no fact that he did not engage in the business of importing, processing and selling the said money.
Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) obtained cash 4.59 million won from the victim; and (c) obtained cash 4.3 million won from Seodaemun-gu Seoul, Seoul around December 16, 2014 from the victim; and (d) obtained cash 4.3 million won from the victim; and (c) acquired the victim by fraud.
2. On February 11, 2015, the Defendant would give the said victim two times after one year after the date of investment, on the roads near Seodaemun-gu Seoul Western Station.
“A false representation was made.”
However, at the time, the Defendant did not have the intent or ability to pay the investment money within the agreed period even if he received the money under the pretext of the investment money. However, it was difficult for the Defendant to raise and use the money from the damaged party due to lack of living expenses, etc.
Nevertheless, the defendant deceivings the victim as such and acquired the victim by remitting the amount of KRW 12 million to the Saemaul Treasury account in the name of the defendant from the victim.
3. On March 24, 2015, the Defendant phoneed to the above victim at the place of influence, and “I want to pay off money if I want to lend money to the said victim because I have good financial standing.”
“A false representation was made.”
However, at the time, the defendant did not pay money to the victim.