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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 2013, the Defendant started to associate with the victim from that time with the victim B, who was the victim B's will.
1. Around January 15, 2014, the fraud Defendant received money equivalent to KRW 105,104,752 in total from the victim or acquired pecuniary gains on nine occasions, from that time until February 3, 2015, by stating that “the Defendant was provided with money to the victim as if he/she did not have any intention or ability to pay the money in a normal way even if he/she borrowed money without any particular occupation or source of income,” and that “the Defendant was provided with KRW 20,000,000 on the same day from that day,” and that he/she was provided with money to the victim from February 3, 2015, including that he/she was provided with money equivalent to KRW 105,104,752 in total, as indicated in the list of crimes in the attached Table.
2. Larceny;
A. On January 5, 2015, the Defendant: (a) obtained a check from a cash withdrawal machine at a place unknown to him/her; (b) withdrawn KRW 3 million in cash from the said cash withdrawal machine using the said check card without permission from B; and (c) stolen the cash owned by the management company for cash withdrawal.
B. On January 12, 2015, the Defendant: (a) used the above check at a cash withdrawal machine located in a place where it is unknown; (b) withdrawn KRW 2 million in cash using the said method; and (c) stolen cash owned by the said cash withdrawal management company.
3. Embezzlement;
A. On October 2014, the Defendant leased and liveded with the victim, and had the victim move to Busan, and had the victim keep his/her furniture, clothes, wallets, etc. in the said apartment for the victim.
After that, the Defendant terminated the lease contract of the above apartment on December 2014, and arbitrarily sells the above apartment to the middle and high-level households with low market value without the victim’s permission. The above apartment units are contained in the gambling room.