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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Fraud;
A. C The Defendant made a false statement to the effect that, around February 2016, at the victim E’s house located in Seongdong-gu Seoul Metropolitan Government, the Defendant: (a) “If one of the president of the C amusement shop located in Seoul Gangnam-gu Seoul Metropolitan Government F makes an investment in the C amusement shop in the name of the president of the C amusement shop located in Gangnam-gu, Seoul, with the intention to make an investment, he/she may receive a return of KRW 450,000 won per month of the investment amount as profits; (b) if she wishes, he/she will make an investment instead; and (c) if he/she intends to make an investment, he/she shall deposit the investment amount with the domestic account in order to make an investment.”
However, in fact, the Defendant knew of C’s employee of C’s entertainment shop and did not know at all the president of the said entertainment shop, and did not have any relation to the situation of investment in the said entertainment shop, and actually received the said money, and then considered to be used for personal living expenses or repayment of debts.
Nevertheless, the Defendant, as seen above, received KRW 15 million from the injured party by deceiving the injured party and deceiving him to the Defendant’s agricultural bank account as an investment deposit around February 29, 2016 and received KRW 15 million from then on about October 12, 2016, from then on 19 times in total as shown in the list of crimes, from the injured party as an investment deposit.
B. On December 2016, 2016, the Defendant made a false statement to the effect that “The deposit of an officetel that the Defendant wishes to make a director in the Republic of Korea is 100 million won, which is 20 million won, and is to be repaid at an early date from lending money,” with the said victim’s phone call.
However, in fact, the deposit of an officetel for the Defendant to be a director was only KRW 10 million. At the time, the Defendant had no particular property, and the monthly income was about KRW 1 million, while the economic situation is not good, such as personal debt exceeds KRW 20 million, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay it.