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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. Fraud against B of the victim "2019 Highest 126";
A. On May 14, 2018, the Defendant stated that “The Defendant shall deposit KRW 260 million to E in order to conduct air-conditioning sales business” with the victim at the office of D Co., Ltd., Ltd., Ltd., located in Masung-si, and if it is difficult to finance the current situation, he would immediately repay the apartment in the name of Mapo-si, in order to sell the apartment in the name of Mapo-si.”
However, in fact, the Defendant did not have concluded a contract with E for air-conditioning sales business, and there was no means to remit the deposit amount of KRW 260 million, and the Defendant did not own apartment units in the name of the Defendant at the port of distribution. Therefore, even if he received money from the victim, he did not have any capacity or intent to repay the money.
After all, the Defendant, as above, by deceiving the victim, received 27 million won from the victim to the Agricultural Cooperative (F) account in the name of the defendant on the same day.
B. On May 24, 2018, the Defendant stated, at the same place as indicated in the foregoing paragraph (1) above, that “If the Defendant purchased apartment in Dong (hereinafter “Dong”) at KRW 290 million for a clerical error in the directors, and the purchase price was insufficient, he would immediately repay the apartment in the port, along with the loan borrowed in advance, if the Defendant borrowed KRW 15 million due to the shortage of the purchase price.”
However, in fact, the defendant did not have purchased apartment in the Dongtan, and even if he did not own apartment in the name of the defendant, he did not have the intent or ability to repay the money even if he received money from the victim.
In the end, the Defendant, as above, by deceiving the victim, received 15 million won from the victim to the Agricultural Cooperative (F) account under the name of the Defendant on the same day.
C. On May 31, 2018, the Defendant: (a) at the same place as indicated in the foregoing paragraph (1) as “the Defendant deposited KRW 260 million in E, a security deposit of KRW 260,000,000,000, out of money; and (b) at the construction site of a port.”