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A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.
Reasons
Punishment of the crime
[Criminal Power] On May 10, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on May 18, 2016.
[2016 Highest 1020] On May 14, 2011, the Defendant made a false statement to the effect that “In front of Jongno-gu Seoul Metropolitan Government B building, the Victim C was well aware of Cheongdae and Cheongdae, such as working in Cheongdae, and having Cheongdae D, etc. A good investment vehicle promoted by the present and the past government. There is a good investment vehicle that is promoted by the present and past government. There is an operation of opening and regularly distributing a storage of money that has not been distributed in the past, and the expense of the private capital is required to exceed KRW 500 million. The expense of the private capital is required to be KRW 3 billion. The loan of money is to be KRW 3 billion. It is extremely high, so it must be known.”
However, in fact, the defendant did not have worked in Cheongdae, did not have a friendly relationship with D, and even if he did not receive money from the victim, there was no intention or ability to reduce the amount of KRW 3 billion within the past day.
As above, the Defendant received delivery of KRW 210,000,000,000,000 from May 14, 201 to September 21, 201, by deceiving the victim and being delivered KRW 100,000,000,00 from the victim, as shown in the attached list of crimes.
[2016 Highest 3731] Around July 2010, the Defendant made a false statement to the effect that “The Defendant is engaged in gold business, which would purchase KRW 1 billion from the prime place of the real estate office, and would purchase KRW 500 million from the purchase of KRW 500 million.” However, even if he/she received money from the victim, he/she would use the money for personal purposes, and did not have any intent or ability to purchase KRW 1 billion.
As above, the Defendant deceivings the victim, and then that deceivings the victim, the sum of KRW 250 million from the victim around July 29, 2010, and KRW 130 million from October 1, 2010, KRW 380 million.