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The punishment of the accused shall be determined by ten months of imprisonment.
Reasons
Punishment of the crime
[Criminal Power] On November 16, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court, and the said judgment became final and conclusive on November 24, 2017.
【Criminal Facts】
1. On November 2014, the Defendant stated to the effect that “If a person C invests KRW 200,000,000 from the time he/she intends to operate a within the territory of Gwangju Mine, 2,000 to December 2015, the Defendant would receive KRW 3,000,000 per month from December 2014 to March 2015 as dividend,” and that “The Defendant would receive KRW 2,00,000 per month from C from April 2015 to December 2015.”
However, even if the defendant receives money from the victim, the defendant did not have the intent or ability to pay monthly agreed dividend to the victim.
On December 12, 2014, the Defendant, by deceiving the victim as above, had the victim deliver KRW 200,000 to C, thereby getting exempted from the obligation to pay investment money and acquiring pecuniary profits equivalent to that amount.
2. The Defendant, around February 2015, at the French coffee shop located in the Suwon Mine-gu, Gwangju Metropolitan City, borrowed money to the said victim for the benefit of KRW 3,00,000 from KRW 2,00 to KRW 3,00,000 each month until repayment is made.
However, even if the defendant receives money from the victim, he did not have the intention or ability to pay monthly agreed profit to the victim.
As above, the Defendant: (a) by deceiving the victim and forcing the victim to deliver the sum of KRW 15,00,000,000 to F, who is the head of the pertinent private teaching institute, around February 16, 2015, and KRW 30,00,000 around February 25, 2015; and (b) KRW 40,000,000 around February 27, 2015; (c) continuously obtaining pecuniary benefits from the victim; (d) around May 20, 2015, KRW 3,00,000; and (e) around June 22, 2015, KRW 2,50,000,000 around September 25, 2015; and (e) around 10,000,000; and (e) around 10,010,005;