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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2018 Highest 1540]
1. The defendant around May 2015, at the C coffee shop located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to make the victim D make a lot of profits if he/she makes an investment.
When making an investment in money, no later than the end of November 2015, it will give investment profits equivalent to 20% of the principal and principal of the investment.
“A false statement” was made.
However, in fact, the defendant did not have the intent or ability to pay the principal and the profit even if he received money from the injured party because he used the money from the injured party for gambling such as sports discussions or for repayment of personal debt.
Defendant deceptioned the victim as above, and acquired 18 million won from the victim on June 15, 2015, and 16 million won on July 2, 2015, and 34 million won on a total from July 2, 2015, by deceiving the victim to the account of Suhyup Bank under the name of Defendant.
[2018 Highest 2239]
2. On August 27, 2013, the Defendant, along with the victim E who was sexually friendly with the Defendant, told the victim to “to have an investment take advantage of the profits by calling for the victim when sending money,” while going to the Defendant and soliciting “to make a large amount of profits by making an investment, and if there is any surplus funds, making an investment.”
However, the defendant received money from the injured party and thought that it was used for gambling at the private sports discussions site.
As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 5 million to the Defendant’s new bank account (Account Number F) on the same day from the victim; and (c) transferred KRW 177,882,704 through 144 times from around that time to January 14, 2018.
Summary of Evidence
[2018 Highest 1540]
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Current status of payment of interest on a card loan, details of personal financial transactions, and text conversations (the highest order 2239 in 2018);
1. Statement by the defendant in court;
1. Statement to the police for E [Attachment].