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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around March 2012, the Defendant against the victim B stated, “A business importing and selling other musical instruments from abroad” to the victim B in Seongdong-gu Seoul apartment, Seongdong-gu, Seoul, the estimated sales amount for the first three-month period is at least 1.2 billion won, and the estimated sales amount for one-month after the three-month period will bring about a large amount of profit of at least 4.8 billion won. If a business fund borrowed KRW 150 million, the Defendant would pay KRW 180 million, including interest KRW 30 million, within six months.”
However, the defendant did not have any particular property or business fund, and there is no specific business plan that the defendant intends to operate, so that it is difficult to pay the same profit as that of the victim, even if he borrowed business funds from the victim, he thought that he would use it as gambling funds from the casino, there was no intention to use it as the malicious business fund, and even if he borrowed money from the victim, he did not have an intention or ability to repay the borrowed money.
around March 27, 2012, the Defendant, by deceiving the victim, received KRW 70 million from the victim to the national bank account under the name of the Defendant, and received KRW 80 million from the victim around March 28, 2012.
2. The Defendant against the victim D expressed, around July 2012, that “A victim D was living in an apartment complex where the victim D was living in Ycheon-si, that read, “A victim would send out the order for the transfer of KRW 27,544,00,00 from the purchase price of the musical instrument first, to the victim.”
However, even if the Defendant received a malicious payment from the victim as above, he was thought to use it as gambling funds in the casino, and there was no intention or ability of the victim to send the musical instruments ordered.
The Defendant, as such, deceiving the victim and deceiving him/her on July 23, 2012.