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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around January 15, 2009, the Defendant against the victim D referred to as “around January 15, 2009, the victim D purchased a neighborhood leave from a real estate investment trust with a director at home, and made an investment in the form of deposit in the form of receiving the lease proceeds of a commercial building. If four (4) investments are made, the Defendant would pay approximately 3% interest every month.”
However, even if the defendant receives money from the victim for the purpose of investment, he did not have the intent or ability to pay the agreed money to the victim with the rental profit by investing in real estate.
Nevertheless, the Defendant deceiving the victim as above and received 30,000,000 won from the corporate bank account (Account Number: E) under the name of the Defendant from the victim.
Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.
2. Around April 11, 2007, the criminal defendant against the victim C made a false statement to the victim C, stating, “A person who operates a real estate fund of the Suwon-gu Seoul Metropolitan Government KRW 60% or more per annum, with a view to managing a real estate fund of the KRW 60% or more per annum,” in G apartment located in the Defendant’s residence in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu. When joining, the defendant would pay interest exceeding 5% per month.”
However, even if the defendant receives money from the victim for the purpose of investment, he did not have the intent or ability to pay the agreed money to the victim by investing in real estate.
Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 5,00,000 from the victim’s bank account (Account Number: E) in the name of the Defendant and received KRW 5,00,000 from the victim’s seat, and received KRW 147,00,000 in total five times from the above date to January 16, 209 as shown in the list of crimes.
In this respect.