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Defendant shall be punished by imprisonment for a term of one year and ten months.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. On May 2016, the defrauded made a false statement to the effect that “A victim B, who became aware of in the instant coffee shop F, through a spawn, supplied a spawn from the customer and sold it to the retail company after packaging the spawn. B, who made an investment, would make profits worth at least KRW 10 million a month, and distribute a 1/3 of the profits.”
However, in fact, the Defendant was unable to pay the price of more than KRW 90 million to the wholesalers at the time, and was not supplied as a normal long-term care. Even if the Defendant received the investment money from the victims, the Defendant was scheduled to use it for the purpose of repayment of the existing debt, living expenses, etc., so there was no intention or ability to deliver
On June 3, 2016, the Defendant, by deceiving the victim, received KRW 40 million from the victim to the Agricultural Cooperative account in the name of G on June 3, 2016, from the time to October 12, 2016, by deceiving the victim, such as the list of crimes, and obtained KRW 21750,000,000 in total seven times in total.
2. Around October 28, 2016, the Defendant forged a private document and the uttering of the private document, prepared a written contract for the transfer and takeover of claims with the content that he/she would transfer the outstanding amount to the Defendant’s customers B, who is the victim under the above Paragraph (1), with intent to use it to the said B by forging the “written confirmation of the attempted balance” under the name of the representative of the said clients.
(1) Around November 2016, the Defendant forged a private document under H’s name (1) was newly launched as I by means of a computer prior to the 2016-10-201, stating that “The distribution of the personal document that the Defendant supplied to October 28, 2016 is difficult to verify whether the balance of the I’s transaction as of November 10, 2016 is as follows.” In the “Party” column, “trade name: I: name; B; and name: J and name: