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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim B came to know about the golf practice in Gangdong-gu Seoul Metropolitan Government around 2013.
1. On May 2014, the defrauded around April 2014, the Defendant, by telephone, operated the victim’s intent to invest in real estate “D” on the third floor of Gangnam-gu Seoul Metropolitan Government C Building.
After accepting and listing foreign companies at risk with debt-related relations, it would make a big profit to sell them again, but there is a lack of 100 million won of acquisition fund.
The 100 million won interest shall be paid at 1% per month, and the principal shall be paid at least three months, but shall be repaid at least three months after the sale and shall be repaid at the latest within one year.
“The phrase “ was false.”
However, in fact, the Defendant did not actually operate the real estate investment company, and the amount received from the damaged person is thought to be used for the repayment of the existing debt, and there was no intention or ability to repay the principal and interest to the victim as agreed.
Nevertheless, on May 8, 2014, the Defendant: (a) by deceiving the victim as above; (b) delivered KRW 5 million in cash at the coffee shop near Gangdong-gu Seoul Metropolitan Government on May 8, 2014; and (c) deposited KRW 95 million with the Defendant’s friendship E’s account.
2. Around July 2014, the Defendant, by telephone around July 2014, seeks to purchase the victim’s housing remaining after auction.
The principal shall be repaid with 1% interest after one month from the loan of the down payment of KRW 10 million.
“The phrase “ was false.”
However, in fact, the defendant did not have the intention or ability to purchase a house through an auction and thought that he borrowed money from the injured person for personal purposes such as repayment of debts, etc., and therefore, he did not have the intent or ability to repay the principal and interest to the injured person
Nevertheless, the Defendant deceivings the victim as above and acquired money from the victim to G bank account in the name of E on July 4, 2014 by remittance of KRW 10 million.
3. Fraud around October 6, 2014