사기
A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than three years for a crime of No. 2 of the judgment of the court below.
Punishment of the crime
On November 29, 2010, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court; on August 11, 2012, the execution of the said sentence was terminated; on July 11, 2013, the said judgment was finalized on September 10, 2013; on December 8, 2013, the execution of the said sentence was terminated; on October 12, 2017, the Seoul East East Eastern District Court sentenced two years of suspended sentence for six months of imprisonment for fraud; and on October 11, 2018, the said judgment became final and conclusive on March 15, 2019 upon being sentenced to three months of imprisonment for fraud at the Seoul East Eastern District Court as a crime of fraud.
1. Around March 2013, the Defendant made a false statement to the victim C’s house of Jongno-gu Seoul Metropolitan Government Jongno-gu B and OOOOOOO head with the content that “on the basis of the money to be used at present at present. If the Defendant borrowed KRW 5 million before the payment, he/she will complete the payment up to February 23, 2014.”
However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.
As such, the Defendant, by deceiving the victim and receiving five million won in cash from the victim’s place of loan from the victim, continuously deceiving the victim as shown in the list of crimes in the attached Form, and received a total of KRW 65 million from the victim on three occasions around March 2013, as shown in the list of crimes in the attached Form.
2. As above, the Defendant, even if having borrowed money from the victim, did not have the intent or ability to repay it, on February 19, 2014, received cash KRW 2 million from the victim on the ground that he/she had no intent or ability to repay it, and was paid KRW 745,40 million in total from September 22, 2017, from that time on 52 occasions as shown in the attached crime list, by continuously deceiving the victim as shown in the attached crime list, and received cash KRW 2 million from the victim, and received from the victim on the pretext of borrowing money in cash or account transfer, etc.
Summary of Evidence
1. The witness C’s legal statement