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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2018 Highest 2921"
1. On March 2018, the Defendant: (a) as the representative director of the LAB, purchased the land located in the wife BC in Chungcheongnam-si, which is the victim BB; and (b) purchased approximately KRW 3 billion in the land located in the wife BB, which is the victim BB; and (c) made the victim believe that the Defendant had considerable financial capacity.
Around April 6, 2018, the Defendant called the victim by phone and made a false statement to “to lend money to KRW 20 million to the victim within one week.”
However, in fact, the defendant did not have any funds to purchase the above land in excess of debt, and even if he received money from the victim, he did not have any intention or ability to return it.
Around April 6, 2018, the Defendant, by deceiving the victim as above, received KRW 9 million from the victim to the Mbank account (BD) in the name of the Defendant, and acquired pecuniary benefits equivalent to the same amount.
2. On June 21, 2018, the criminal defendant against the victim BE committed an act as if he/she purchased the victim BE in the name of the victim, such as the leakage or BF, with the funds of the person AL, and caused the victim to believe that he/she had considerable financial capacity.
On June 23, 2018, the Defendant made a phone call to the victim and explained to AL that “The President had become aware of the fact that he had become aware of the fact that he had been responsible for the civil works to B. To show AL, the president must have to transfer money in the name of the civil works cost to B. once sending KRW 14 million to his account, the Defendant made a false statement that “I would return KRW 14 million again on the Saturday.”
However, in fact, there was no fact that a person of AL did not pay the above land purchase fund, and even if the defendant received money from the victim in excess of his/her obligation, he/she thought to use it for personal purposes, such as medical expenses of his/her spouse.