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A defendant shall be punished by imprisonment for four years.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
Punishment of the crime
From May 14, 2012 to May 8, 2019, the Defendant concluded to the effect that “the Defendant would lend money to the victim B, and there is any money to be paid at other places,” or that “I would return money to the said apartment by settling the money received in relation to the above apartment, with the intention that “I will allow the money to be paid to the Defendant, who is going to work in C, and will be allowed to move into the apartment in Seoul Gangdong-gu Seoul Metropolitan Government through her friendly district, to the long-term lease,” “A money to the employees for the above apartment, or to give money to the meals or gifts to be given to the employees,” or that “A deposit is needed to enter the above apartment,” while driving as the Defendant’s wife was the Defendant’s wife,” or “I would return the said apartment by settling the money received in relation to the above apartment if the money is additionally paid.”
However, in fact, the entertainment room operated by the defendant was in a situation where there was a enemy, and the victim was not able to move into the D apartment, and even if he misrepresented to E and received the money from the victim, he did not think that he returned the money issued by the victim or transferred the apartment to the victim.
In addition, the Defendant did not have any property with bad credit, and was consumed of the money that was involved in speculative entertainment such as the bicycle and motorboat racing at the time, so there was no intention or ability to repay the money even if the money was received from the victim.
The Defendant received from the victim the sum of KRW 541,925,860 from May 14, 2012 to May 8, 2019, the sum of KRW 541,925,860 from the F Bank G account, etc. in the name of the Defendant from May 14, 2012 to May 8, 2019.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The details of account transactions with the witness B of the protocol of interrogation of suspect among the defendants, and Kakao as to the defendant.