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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On December 22, 2004, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court on March 23, 2005, and the above judgment became final and conclusive on August 15, 2005, and completed the execution of the sentence in the Jin prison on August 15, 2005.
1. Around February 4, 2008, the Defendant made a false statement to the victim that “E may obtain, at a low price, dry water, such as d apartment 2, 201, from the victim’s house of Sacheon-si D apartment 2, 201, the Defendant may receive a return of the profits from investment after one year, as he/she made an investment to E, because he/she may secure, at a low price, dry water, such as dried water through the rear hole in Busan.”
However, even if the defendant receives money from the victim, he/she did not have the intention or ability to return the proceeds sold after he/she purchased dried goods, such as calculation, from the victim.
As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim for the purpose of purchasing dry goods.
In addition, around September 2, 2010, the Defendant stated that “Around September 2, 2010, the Defendant borrowed the money borrowed from the Defendant to the Defendant under the name of his father, who transferred the said land under the name of his father, and then borrowed the money to the Defendant to survey the land in full.”
However, the father of the defendant did not own the land in the previous North Korea and even if the defendant received money from the victim, he did not have any intention or ability to pay money from the victim by selling the land in the name of the defendant.
As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim under the pretext of land survey expenses.
In addition, the Defendant, from around that time to April 9, 2012, received a total of 343,706,120 won by deceiving the victim by the aforementioned means 97 times, as indicated in the attached Table of Crimes (1).
2. The part concerning fraud against the victim F
A. The Defendant on March 2008