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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant of the 2017 Highest 1289, on March 2016, 2016, shows that the victim C, who was aware of in front of the apartment house, was seized by the Defendant’s new bank account deposited in the amount of KRW 3 billion due to the violation of the Foreign Exchange Control Act, and then, he/she would pay the tax, and then withdraw the money from the account and repay the money.
A false statement was made.
However, in fact, the defendant with the above text was falsely prepared, and the defendant did not have any revenue or property at the time, and he thought that he would receive money from the victim and use it for living expenses, etc., so there was no intention or ability to pay the money even if he borrowed money from the victim.
As such, the Defendant, by deceiving the victim and being granted KRW 2,00,000 from the victim on March 15, 2016, received KRW 77,193,00 in total from that time until August 31, 2016, including the issuance of KRW 2,00,00 in cash from the victim on March 15, 2016.
Accordingly, the defendant was given property by deceiving the victim.
The Defendant, on October 2016, 2016, expressed a text message stating that a new bank account in the name of the Defendant with the amount of KRW 5 billion deposited as the head of the office is seized to the victim F, who works at E entertainment centers in Gun, Do-si, Si, Gun-si, Si, Gun-si, and Do-si, paid the tax, and then withdraws the money from the account and repaid the money.
A false statement was made.
However, the above text messages were falsely prepared by the Defendant, and the Defendant did not have any revenue or property at the time, and there was no intention or ability to repay the message to the victim even if he borrowed money from the victim because he was willing to use it as living expenses by receiving money from the victim.
Nevertheless, the defendant deceivings the victim as above, and is about 50,000 on October 14, 2016 from the victim.