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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 14, 2013, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the wooden District Court Branch, and the judgment became final and conclusive on August 20, 2013. On February 10, 2014, the Defendant was sentenced to six months of imprisonment for the same crime in the same court, and the judgment became final and conclusive on February 19, 2014.
1. On March 5, 2010, the Defendant against the victim C expressed that “A bank guidance has up to 1 to 15 times” to the victim at an influence site, “A bank will provide the victim with an advance payment at a time during which the victim would be free from paying the advance payment of the advance payment of KRW 140,000 per month by joining 15 times.”
However, at the time, the Defendant organized and operated a large number of phone numbers, and there was a large amount of time when the Defendant was unable to collect from the members of the fraternity, and had been prevented from returning the term from November 201, 201, and was paying guidance to the members of the fraternity with the loan, and there was no intention and ability to operate the phone normally, such as there was no actual absence of the number fraternity.
As above, the Defendant: (a) by deceiving the victim; and (b) received total of KRW 9.8 million in cash from November 201 to May 15, 201 from the damaged party.
2. Fraud against victim D;
A. From November 20, 201 to July 29, 2011, the Defendant provided that “The Defendant would lend money to the victim until December 25, 2010,” from F located in Sejong-si around November 15, 2010.
However, at the time, the Defendant organized and operated a large number of numbers, and prevented the repayment of the loans that were not collected from the members, and paid the loans to the members, and even if he/she borrowed money from the victims, he/she did not have any intention or ability to repay the loans.
The defendant deceivings the victim as above and received the remittance of 20 million won on November 20, 2010 from the victim under the pretext of the borrowed money from the victim, as well as the transfer of 3 million won on November 22, 2010, and on December 2, 2010.