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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On February 6, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Jeju District Court, and the judgment became final and conclusive on December 13, 2013.
Criminal facts
1. Fraud against the victim C;
A. On January 2009, the Defendant entered into an agreement with the victim to take over the E hotel equivalent to KRW 4.5 billion at Jeju-si (hereinafter “Seoul-si”), “The amount of KRW 3 billion at the market price of KRW 4.5 billion is paid as down payment, and the remaining amount of KRW 1.1 billion should be reduced to KRW 200 million out of KRW 1.3 billion. In addition, since the Defendant succeeded to the school foundation located in the Chungcheongnamsan-si, even before the Chungcheongnamsan-si, if he disposed of the foundation, he can complete the payment of the balance within his own name and complete the payment of the balance if he loans short of the amount of KRW 4.5 billion to operate the restaurant or the store in the hotel.”
However, the defendant did not have the intent or ability to pay money even if he borrowed money from the victim due to the absence of any other property or income at the time, and not only entered into a sales contract for the above hotel with the Korean Ep&A Specialized Asset-backed Securitization Company, the owner of the above hotel, but also did not have the ability to raise the funds required for the above hotel acquisition, so it could not normally take over the above hotel, and there was no inheritance property.
Nevertheless, the Defendant, as such, deceiving the victim and deceiving him as such, KRW 6 million from the victim on January 28, 2009, KRW 24 million around the 30th day of the same month, and the same year.
2. Around 27.27. Around 4 million won, he/she acquired a total of KRW 34 million by deception.
B. The Defendant, on February 2009, is the “F” located in the “F” in the “F”, and even if he/she borrowed a credit card from the victim for the foregoing reason, the Defendant’s intent or ability to settle the price.