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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
The prosecutor prosecuted the entire facts charged in the instant case as an inclusive crime, but judged by the method of deception as a substantive concurrent crime under the former part of Article 37 of the Criminal Act. Accordingly, the expression of the facts charged is also modified.
Around April 2008, the Defendant, through a golf meeting, had a f apartment house located in Songpa-gu Seoul. The Defendant had a f apartment house located in Songpa-gu, Seoul around 1,000,000 won. The Defendant had a f apartment house located in the city of 1,00,000,000. The Defendant had a f apartment house located in the city of 1,00,000 won. The Defendant had a e-building and had a f apartment house located in the city of 1,00,000.
1. On March 27, 2009, the defrauded stated that “The Defendant would repay the money to the victim within 1-2 months since it is necessary to hold a golf competition with the G Association in which the president of the G Association is the president of the G Association, and there is a need to pay the money as a prize.”
However, the defendant did not own the above apartment at the time, and there was no intention or ability to repay even if he borrowed the above apartment from the victim because there was no particular property.
Nevertheless, the Defendant received 30,000,000 won from the victim's bank account (Account Number H) in the name of the Defendant on the same day as above from the victim, and acquired the money from the victim on eight occasions in total as stated above, and acquired the money from the victim on eight occasions in the name of the borrowed money from the above date to March 9, 201. From the above date and time to March 9, 201, attached Table 1, Nos. 1, 2 through 9, 2 through 10, 10 through 13, 4, 16, 16, 17, 18, 19, 7, 20, 8.
2. A defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is in the branch of Sungnam-si around November 2009 under the condition that he has no intention or ability to repay as stated in paragraph 1.