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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
"2018 Highest 3717"
1. On November 2016, the criminal defendant against the victim B made a false statement that “The president operating the C Gameland shall sell the C Gameland amounting to KRW 160,000,000,000 to the victim, each of whom shall be borne by each of the 80,000,000 won. By January 8, 2017, the defendant would complete the acceptance and divide profits into KRW 5:5. The defendant made a false statement that “The amount of KRW 40,000,000 is required for the down payment.”
However, even if the personal debt at the time exceeds KRW 100 million and receives money from the victim, the defendant only thought to use it for the repayment of the personal debt, but did not have the intent or ability to use it as the gameland acquisition fund.
On November 2, 2016, the Defendant received KRW 20 million from the victim to the D account under his/her own name as the acceptance fund, and on December 5, 2016, received KRW 20 million from the F coffee shop located in Busan Dong-gu, Busan.
Accordingly, the defendant was given property by deceiving the victim.
2. Around 01:00 on February 11, 2017, the Defendant against the victim G made a false statement to the effect that “The Defendant borrowed KRW 30,000,000 to acquire C Gameland with his/her father-gu and with his/her father-gu in Busan Dong-gu, and would have paid KRW 10 million each month after acquiring C Gameland.”
However, even if the defendant received money from the victim, he thought that he will use it for the repayment of his personal debt, and he did not have the intention or ability to use it for the gameland acceptance fund.
The Defendant received KRW 30 million from the victim, i.e., from the victim to April 8, 2017, a total of KRW 80 million under the same name as indicated in the annexed crime list, as well as from that time, from that time, the Defendant received KRW 30 million from the victim to that time.
Accordingly, the defendant was given property by deceiving the victim.
The defendant of "2018 Highest 5150" shall be the Busan East-gu around 24:00 on March 16, 2017.