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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. Around May 6, 2010, the Defendant made a false statement to the victim D, “C,” stating, “I will make an investment in trade projects, such as dynasium, and return profits including the principal, two weeks after making an investment to the victim D.”
However, at the time, the Defendant was obligated to pay interest exceeding KRW 50 million to the lending company and bond company each day, and thus, the Defendant was forced to use the money received from the victim to repay the amount invested from the victim or another person, and the Defendant was forced to return the money invested from the victim to the victim, and there was no intention or ability to return the principal and the profit to the victim.
Nevertheless, the Defendant, as seen above, by deceiving the victim as if he were to make a profit by investing the money received from the victim in the business, received 6,000,000 won from the victim to the account under the name of the Defendant on May 6, 2010. From that point to July 5, 2010, the Defendant received a total of KRW 195,870,000 from 31 times in total as shown in the attached crime list 1.
2. On August 24, 2010, the Defendant received a total of 3,350,000 won from the victim to the account in the name of the Defendant’s name on August 24, 2010, by calls from the victim E at an unsound place in the same manner as that set forth in the preceding paragraph, by deceiving the victim, and then, in this context, received from the victim the remittance of KRW 9,750,000 from the victim to the account in the name of the Defendant’s name on August 24, 2010, as shown in attached Table 2 from October 6, 2010.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to D and E;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;