beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
around June 2014, the Defendant stated that “The Defendant will subscribe to the sale of an apartment instead of being able to reduce monthly rent and to live on a good apartment” to the victim at the victim’s house located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon, and that “The Defendant won the winning in the subscription to the sale of an apartment unit at the same place on September 2014, the victim called that “the contract deposit is changed because it is possible to move into the apartment unit around February 2015.”
However, there was no winning in the above subscription for apartment sale at the time of fact, and even if the defendant received money from the victim, he did not have the intent or ability to pay the down payment for apartment sale on behalf of the victim.
Nevertheless, around September 5, 2014, the Defendant, by deceiving the victim as above, received KRW 1,00,000 from the victim’s E bank account (F) in the name of the Defendant. From around that time to July 27, 2017, by deceiving the victim as shown in the separate crime list (section 10), and then deceiving the victim and deceiving the victim totaling KRW 37,70,000 from the victim.
"2019 Highest 2192"
1. Fraud;
A. On June 2012, the Defendant stated that “If the Defendant invested KRW 500,000,000,000,000,000,000,000 won per month, it would be paid from KRW 2,50,00 to KRW 2,50,000 per month, by dividing the amount of KRW 500,000,000 per month, to the victim’s studio residing by the victim G located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.”
However, even if the defendant received money from the victim, he did not think that he would use the money as a share investment fund. Rather, in the situation where he bears a debt of approximately KRW 400 million without any particular property or income at the time, he was able to receive money from the victim and pay the existing debt and use it for personal purposes such as living expenses, so he/she would normally pay the profit or return the principal.