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A defendant shall be punished by imprisonment for a term of one year and two months.
The defendant shall pay 35,00,000 won to the applicant for compensation by deceit.
Reasons
Punishment of the crime
1. On January 28, 2013, the Defendant made a false statement to the effect that, at the victim’s house located in Seodaemun-gu Seoul Metropolitan Government (Seoul Metropolitan Government) No. D 101 on January 28, 2013, the Defendant: (a) “B is currently working at the site of E redevelopment in the course of operating the redevelopment company; (b) if the Defendant included KRW 35 million in the above redevelopment association, he/she would enter the four insurance, thereby allowing the Defendant to work at the site of E redevelopment by receiving benefits of KRW 4 million per month. The said money may be returned within two months; and (c) at any time, he/she would return it even before the return.”
However, the defendant only tried to use the money received from the victim for business expenses, etc., and did not have any intention or ability to return the money to the victim.
Nevertheless, at around 11:00 on the same day, the Defendant received 35 million won out of the amount paid in cash the 43 million won check possessed by the victim at the Han Bank Maamdong 577-7 of Eunpyeong-dong 577 at the same time from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On February 1, 2013, the Defendant opened one bank account under the name of the Defendant at the same date and place as stated in paragraph (1), and deposited the remainder of KRW 7 million, excluding KRW 35 million received from the victim, out of KRW 43 million as stated in paragraph (1), into the said account at the victim’s request, and thereafter, the head of the relevant Tong and the card are dry to the victim and the security card was possessed separately.
Around February 1, 2013, the Defendant: (a) was placed in the Defendant’s office parking lot located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, for the victim by inserting KRW 7 million into the Defendant’s account; and (b) was placed in the Defendant’s account, and (c) was placed in one bank account in the name of G.