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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 2018, the Defendant received B investment funds by phone call to the victim C at a non-sceptic place in the middle of August 2018, saying, “The Defendant is receiving a profit of KRW 10 million per month by investing KRW 400 million in B located in Gyeyang-si D. The Defendant may obtain a large amount of profit by making an investment in the said B.”
However, the defendant did not have invested money in B at the time, and was planned to pay the defendant's existing debt to E and F with money from the victim.
Ultimately, as above, the Defendant belonged to the victim and received KRW 40 million in total on August 29, 2018 from the victim’s Nonghyup Bank account (Account Number: G), KRW 50 million on August 30, 2018, KRW 10 million on September 5, 2018, KRW 10 million on September 6, 2018, KRW 500,000 on September 6, 2018, and KRW 500,000 on September 17, 2018, and KRW 500,000 on September 18, 2018, respectively.
2. On September 23, 2018, the Defendant: (a) called, “Around September 23, 2018, the Defendant: (b) called, “A; (c) H travelr would be flicking the Victim C with a lodging house in Vietnam; (d) as a result, there is no money to purchase the PPP; and (c) would have to pay the said money by sending the PPP on or around October 2, 2018, if the Defendant sent the money to I in the future.”
However, at the time, the Defendant did not have been awarded a subcontract for the business of Pesting in Vietnam, and was a plan to borrow money from the victims to J which is not B and to receive interest.
Ultimately, as above, the Defendant was transferred KRW 12850,000,000 from the victim’s new bank account (K) with the victim’s new bank account (Account Number): September 23, 2018; KRW 500,000,000 on September 24, 2018; KRW 160,000 on September 25, 2018; and KRW 3750,00 on September 27, 2018; and received KRW 1285,00 in total on four occasions.
3. The Defendant was the victim at a non-permanent place on September 28, 2018.