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1. The punishment of the defendant shall be eight months;
2. All of the applicants’ applications for compensation shall be dismissed.
Reasons
Punishment of the crime
[2017 Highest 252] Defendant A is a related person with C, and the victim B is a relative with C.
On September 2016, the Defendant made a false statement to the victim B to the effect that “B, C, and C wish to live together. The deposit amount of the pre-tax deposit of No. 101, 505,000,000,000 won, which is KRW 35,000,000,000,000,000,0000,0000,0000,000,0000,0000,0000,0000
However, the defendant did not have any intention or ability to seek the deposit money, even if he received money from the injured party, such as using the money as the deposit money, living expenses, gambling funds, repayment of debts, etc., not the deposit money, from the injured party at the time.
On September 29, 2016, the Defendant enticed the victim, and caused the victim to transfer KRW 5 million to the account under the name of a certified broker E as the down payment, and received KRW 2,480,000,000 from the victim to the said agricultural bank account under the name of the Defendant for deposit money for lease on October 3, 2016, and KRW 1,000,000,000 from the date of deposit for household on November 2, 2016, respectively.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
[2017 Highest 382]
1. Larceny;
A. On January 2, 2017, the Defendant: (a) was in possession of the Defendant at the “H convenience store” located in Sinyang-si G located in Sinyang-gu, Sinyang-si; (b) cash withdrawal machines, which are managed by a person who suffers damage from his/her name, and without obtaining permission for use from C; and (c) possessed in advance without obtaining permission for use from C.
C The new bank check card in the name of C was collected and entered into a password, and then withdrawn one million won in cash and stolen it.
B. On January 5, 2017, the Defendant withdrawn KRW 400,000 in cash at the above place on January 5, 2017, and stolen it in the same manner as that of the above 1-A in the same manner as that of the above 1-A.
2. Computer and other fraudulent means;
A. The Defendant committed the crime on January 4, 2017 at the above place on January 4, 2017.