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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant, within the Daegu Northern-gu B market, engaged in an over-day and food materials distribution business with the trade name of “C”.
1. On August 28, 2017, the Defendant made a false statement to the effect that, within the E store operated by the victim D in the B market on August 28, 2017, “The Defendant would make a loan of KRW 100 million to F, and would make a loan of KRW 30 million, KRW 390,000 per day, and KRW 250,000 per day, KRW 390,000 per day if he/she fails to make a payment.”
However, the Defendant had the intent to manage the account in the name of the parent-friendly F with the intent to receive the amount of damage and use it for his personal debt repayment, etc. In the name of the Defendant or F, the Defendant did not own the land located in Daegu North-gu G in the name of the Defendant or F. At that time, the Defendant did not have the intent or ability to transfer the ownership of the land located in the Daegu North-gu G in the name of the Defendant or F. The Defendant paid his debt in the form of a prompt return due to failure of the business at that time.
Nevertheless, the Defendant received KRW 30 million from the victim’s Hbank account (Account Number I) in F on the same day and received KRW 81,40,000,000 from around that time to November 23, 2017, as indicated in attached Table (i).
Accordingly, the defendant was given property by deceiving the victim.
2. On September 29, 2017, the Defendant made a false statement to the victimJ that “If investing KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, may be imposed within one week,” at a place where the location cannot be known.
However, even if the defendant received money from the victim at the time of investment, he was intended to use it for the purpose of repayment of the existing debt.