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Defendant is punished by imprisonment with prison labor for one year, and imprisonment with prison labor for 2018 highestest 673 months, respectively for each of the crimes set forth in Article 2017 highest 3791.
Reasons
Criminal facts
To the extent that it does not disadvantage the defendant's defense right, some correction or correction was made according to facts obtained through the examination of evidence without the amendment process.
[Attachment 3791] On July 6, 2010, the Defendant was sentenced to imprisonment with prison labor for not more than ten months at the Jung-gu District Court for fraud, and completed the execution of the sentence on October 27, 2010. On June 18, 2015, the Seoul Western District Court sentenced the Defendant to eight months of imprisonment for fraud and became final and conclusive on December 5, 2015.
[Criminal facts]
1. On July 2012, the Defendant’s fraud related to the lease of a restaurant located in “B” requested the victim C to allow the lease and operation of the restaurant located in “B” located in Jongno-gu Seoul, Jongno-gu, Seoul. On July 19, 2012, the Defendant received 100,000 won in cash from the victim in the name of his/her expenses, and received 10,000 won in cash from the victim on September 10, 2012, and received 6 million won in cash from the victim, and received 6 million won in cash from the victim E bank account in the name of E and received 4 million won.
However, even if the defendant receives money from the injured party, he only planned to use it for his personal purpose, and did not have the intention or ability to allow the injured party to lease and operate the cafeteria B.
In this respect, the defendant deceivings the victim and obtained the delivery of KRW 11 million.
2. The Defendant related to the coffee set-off of the coffee set-off in G: (a) heard from the victim C to “B” restaurant located within the “B”; and (b) held that “A victim would find out the set-off of the coffee set-off in G; (c) around October 2012, in order to conduct the coffee set-off to the victim, the Defendant would need money; and (d) first, in order to enable the victim to operate the coffee set-off after making all the 6 million won of the premium at the face of the State.” (c) around November 12, 2012, the Defendant tried to end the coffee set-off of the coffee set-off to the victim.