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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2018 Highest 2205"
1. On December 26, 2016, the criminal defendant against the victim B made a false statement to the effect that “When he/she pays brokerage fees to the victim, he/she will resell Jeju-do D hotel 2 debentures” by phoneing to the victim at the Gangnam-gu Seoul Metropolitan Government hotel sales office.
However, in fact, the above D Hotel was suspended and the completion of the D Hotel was delayed, and there was no intention or ability to resell the D Hotel 2 as well as personal living expenses and gambling funds. Since the Defendant thought that the amount of money received from the injured party as the bad credit standing is used as a personal living expenses and gambling funds, the Defendant did not have any intent or ability to resell the above D Hotel 2.
The Defendant, as such, by deceiving the victim, received KRW 3,00,000 from the victim, to the F account in the name of E on the same day as commission fees, and received KRW 3,000,000 from the H bank account in the name of G on March 8, 2017, and received KRW 7,50,000,000 from the F account in the name of E on February 12, 2018.
2. Around December 11, 2017, the Defendant made a false statement to the effect that “The Defendant would resell the hotel rooms of Jeju-do K K-K in return for the payment of fees to the victim,” by phoneing the victim at the Seoul Dongdaemun-gu Seoul Metropolitan Government Jtel sales office.”
However, the defendant, as a person with bad credit standing, was thought to use the money that he received from the injured party as personal living expenses and gambling funds, and there was no intention or ability to resell the hotel L room in Jeju-do.
As such, the Defendant, by deceiving the victim, received 3,000,000 won from the victim to the H bank account under the name of G on the same day, and acquired it by deceiving the victim.
3. On February 2, 2018, the Defendant made a false statement to the effect that “When paying fees, the Defendant would help the Defendant trade of the n hotel board room at the beginning of the next N hotel board.” by phone call to the victim.
However, the facts are that the defendant received money from the injured party as the bad credit standing.