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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2019 Highest 230"
1. Fraud against the victim B;
A. On December 12, 2016, the Defendant: (a) around 10:00 on December 12, 2016, at the victim B located in Guro-gu Seoul Metropolitan Government, was able to impose a large amount of money when operating a drinking water store in the victim’s residence; (b) the Defendant paid a face-to-face amount of KRW 50 million to a private letter or a principal agent (D) with operating funds, and (c) provided that the Defendant would pay a large amount of monthly profit.
However, in fact, the defendant did not think that he would use the money that he received from the victim to rent a store in Korea, and it was thought that he would use the money to repay personal debts and pay for living expenses.
The Defendant, by deceiving the victim as above, received KRW 5 million from the victim, to E-Unions account under the name of the Defendant on December 12, 2016, and transferred KRW 45 million to the same account on January 10, 2017.
Accordingly, the defendant was given property by deceiving the victim.
B. The Defendant was above on August 8, 2018.
In order to obtain the whole of the two general housing units from the victim's residence as stated in the paragraph, 82 million won is required for the victim to obtain the whole of the two general housing units, and 70 million won is required for the LH Corporation to pay the total amount of KRW 12 million to her directors at the same time if she pays the total amount of KRW 12 million. Accordingly, it is false that she will pay the total amount of house deposit and redevelopment compensation in the aggregate to her.
However, even if the defendant received deposit and redevelopment compensation from the victim, it was thought that it will be used as personal debt repayment and living expenses, etc., and there was no think that it will be paid as a house deposit with the victim.
On August 8, 2018, the Defendant, by deceiving the victim as above, received KRW 7 million as a redevelopment compensation from the E Union account under the name of the Defendant, from the victim, and received KRW 5 million in cash from the Defendant on September 8, 2018.
Accordingly, the defendant was given property by deceiving the victim.
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