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A defendant shall be punished by imprisonment for a term of one year and ten months.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
On March 17, 2015, the Defendant made a false statement to the “E company” office operated by the Defendant of the second floor located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, stating that “When investing money in the business of importing the original fat from the place where the raw fat is avoided, the Defendant would pay the victim C a fixed interest rate of 8% per month, the sum of 2.6% incentive for the inflow of funds, and 10.6% per month, and the contract shall be renewed on three-month basis, and the principal shall be returned at any time if the party wishes.”
However, in fact, the Defendant had been a bad credit holder due to tax delinquency since 10 years ago, and had no property, and had no intention or ability to pay the principal as agreed by the promise through the original import business even if the Defendant was to receive money from the injured party at the time of receiving the money from the injured party.
As such, the Defendant, by deceiving the victim, received KRW 25,00,000 on the same day as the investment money from the victim, and received KRW 183,00,000 from August 4, 2015 in the same manner as the list of crimes in attached Form 1, and acquired the money by deceiving the victim six times in the same manner as the list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
"2016 Highest 8554"
1. Around April 22, 2008, the Defendant committed a crime against the Victim F with the victim F made a false statement to the effect that “30% of the sales commission shall be paid as an allowance if the Defendant invested in the alcohol sales business with the (State) heritage germs of the I applied for patent for invention in the victim F at the (State) H office located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and the principal shall be repaid in full after three months.”
However, even if the defendant did not have any property or income at the time and received such investment from the injured party as above, he did not have any intent or ability to sell it after producing and selling the patent application for the soborn alcohol living.
The defendant deceivings the victim as above and thereby causes damage to the victim.