Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2018 Highest 6"
1. On December 2015, the Defendant: (a) reported that the victim C ( South and the age of 56) who had carried on a spawn business at the end of the end of the 2015, placed an advertisement “her spouse’s rescue” at the newspaper; and (b) thereafter, the Defendant provided that “the Defendant would live together with the victim by marriage at the time of marriage at the spawn shop located in Sungnam-si, Sungnam-si.”
However, in fact, the Defendant did not have any obligation up to KRW 200 million and there is no other possible property to be disposed of, and therefore, the Defendant had access to the victim to receive the money only by reporting the cross-road advertising. Therefore, even if the Defendant received money from the victim, he did not have any intent or ability to live together with the victim or to repay the said money to the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) delivered 60 million won in cash from the victim; and (c) from then to January 11, 2016, the Defendant deceiving the victim as shown in [Attachment List No. 1-8] up to December 31, 2015; and (d) received delivery of KRW 65 million in total by deceiving the victim as stated in [Attachment List No. 1-8].
2. Establishing a business establishment fee for marina areas;
A. On January 12, 2016, the Defendant stated that “Around February 1, 2016, the Defendant loaned money to the victim “around February 1, 2016, the Defendant was scheduled to open a shop.”
However, since the defendant was in the same situation as the statement in Paragraph 1, even if he borrowed money from the damaged person, he did not have any intention or ability to start the shop with the victim or start the shop around that time.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received three million won from the victim, to the account in the name of the Defendant designated on the same day from the victim; and (c) received the total amount of KRW 101,297,876 from that time to January 29, 2016, by deceiving the victim as shown in attached Table 9-39, supra, from January 29, 2016.
B. The Defendant is a crime of fraud against a person who inflicts damage on April 2016.