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A person shall be punished by imprisonment for a term of two years and six months, or by imprisonment for a term of two years and six months, or any term of two, three, four, or six as indicated in the judgment of the defendant.
Reasons
Punishment of the crime
On November 1, 2012, the Defendant was sentenced to the suspended sentence of three years and a fine of 1.2 billion won for a crime of violating the Punishment of Tax Evaders Act at the Seoul High Court (Seoul High Court) on two years, and the judgment became final and conclusive on February 28, 2013.
1. Fraud to victims C - "2015 Highest 1820";
A. A. On August 4, 2011, around August 4, 2011, the Defendant stated that “A victim C wishes to carry out artificial insemination works at the E Co., Ltd. office located in Seocho-gu Seoul Metropolitan Government D 251 dong 720, Seoul, and that “Around August 4, 2011, if the costs and attorney fees are lent, he/she would sell them and make profits.”
However, even if the defendant received money from the injured party as above, he did not have the intent or ability to pay the profit to the injured party by selling the commercial building.
The Defendant, as such, by deceiving the victim, received delivery of KRW 135 million on the same day from the victim.
B. On October 7, 2011, the Defendant at the foregoing office around October 7, 201, saying, “A victim C would dispose of the purchase fund for commercial buildings in the Gyeonggi Kimpo-si G complex and give profit by lending it.”
However, even if the defendant received money from the injured party as above, he did not have the intent or ability to pay the profit to the injured party by selling the commercial building.
As such, the Defendant, by deceiving the victim, was given KRW 18 million on the same day from the victim.
(c)
On January 13, 2012, around January 13, 2012, the Defendant stated that “If the Defendant lends four commercial buildings, including heading 105, 106, 201, 206, and 206, in Suwon-si, Suwon-si, the Defendant would give profits from the disposal thereof.”
However, even if the defendant received money from the injured party as above, he did not have the intent or ability to pay the profit to the injured party by selling the commercial building.
The defendant deceivings the victim as such, and is the same as the victim.