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The sentence against the accused shall be determined by one year and six months of imprisonment.
Reasons
Punishment of the crime
"2017 Highest 509"
1. The Defendant committed a crime against the victim C is between “E” operated by the victim C in Asan-si, Asan-si, as a customer, and became aware of each other.
On April 2016, the Defendant made a false statement with the victim’s “E” that “if an investment is made in a business run within the country, it would give enormous dividend income.”
However, the defendant did not have any intention or ability to return the profits or the principal even if he received money from the injured party under the pretext of the investment.
Nevertheless, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million to the Nong Bank account in the name of the Defendant’s mother on May 10, 2016; (c) KRW 20 million to the said account in the name of F around May 17, 2016; and (d) KRW 10 million to the Defendant’s G Bank account in the name of G, the Defendant’s seat around May 19, 2016; and (c) around May 28, 2016, KRW 10 million to the Defendant’s U.S. Bank account in the name of H, the Defendant’s pet around May 28, 2016.
Accordingly, the defendant, by deceiving the victim, acquired a total of KRW 60 million pecuniary benefit.
2. The Defendant committed a crime against the victim I is between the victim I’s wife and H who had a relationship with the victim I.
A. On June 2, 2016, around June 2, 2016, the Defendant made a false statement to the effect that “Around June 2, 2016, the Defendant, at the victim’s residence located in theJ of Asia-si, “In order to purchase approximately 900 houses and land located in ASEAN-si, the company’s funds are integrated, thereby lending money.”
However, there was no plan to purchase a house or land, and there was no intention or ability to pay the money even if the defendant borrowed the money from the injured party.
Nevertheless, the Defendant deceivings the victim as above and transferred KRW 20 million to the Nonghyup Bank account in the name of G, the Defendant’s branch on the same day.
B. On July 4, 2016, the Defendant committed a crime by around July 4, 2016, with the victim described in paragraph 2-A around July 4, 2016.