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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
The Defendant intended to use the money from the victims as gambling funds, the success of which depends on a friendly outcome, and there was no job or income, and there was no property owned by the Defendant, while there was no financial institution’s debt worth of KRW 100 million. Therefore, even if the Defendant borrowed money from the victims, there was no intention or ability to repay the money.
1. On April 30, 2012, the criminal defendant against the victim C made a false statement to the victim C by telephone, stating that the victim C would use only a certain amount of money if he/she lends money, and make a full payment after a week.
The Defendant, by deceiving the victim, received KRW 4,500,000 on the same day from the victim to the Agricultural Cooperative account in the name of a limited partnership company D, and acquired it by fraud from the time to May 7, 2012, all of the KRW 20,700,000, as shown in attached Table 1, were deposited into each account listed in the above list of crimes, and acquired it by fraud.
2. On April 17, 2012, the Defendant made a false statement to the victim E by telephone, stating that “I will make up for the victim E at the end of April at the latest, because there is a place to make an in-house investment, even if there is an in-house interest.”
As such, the Defendant, by deceiving the victim, received KRW 4,80,000 on the same day from the victim to the account of F community credit cooperatives in the name of F, and acquired it by fraud, as shown in attached Table 2 from the time to May 21, 2012, all of the amount of KRW 30,300,000, which was deposited into each account listed in the list of crimes, was acquired through deception.
3. On April 8, 2012, the Defendant made a false statement to the victim G by telephone, stating that “I will use greging KRW 900,000,000 to the victim G by telephone.”
The defendant deceivings the victim as such, and thereby, 900,000 won per day from the victim is F community credit cooperatives.