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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 30, 2012, the Defendant was sentenced to a suspended sentence of 8 months in the Daegu District Court for criminal fraud. On November 6, 2012, the judgment became final and conclusive.
Criminal facts
1. Fraud against the victim C;
A. On June 23, 201, the Defendant concluded that “If the Defendant lends KRW 15,00,000 to D, who is the husband of the victim C, in the vicinity of the Dong-gu Daegu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
However, in fact, while the Defendant did not have any special property at the time, the Defendant did not have any obligation of KRW 60,000,000 or more and was urged to pay the obligation to the other, and thus, the Defendant did not have any intent or ability to pay the said money even if he borrowed the money from the victim.
Nevertheless, by deceiving D as such, the Defendant received KRW 12,550,000 from the victim to the national bank account in the name of father E by deceiving D and making D transfer of the said horses to the victim.
B. On June 30, 201, the Defendant sent a phone call to D, who is the husband of the victim C, and concluded that “The Defendant would have repaid KRW 5,000,000 with the repair cost to repair the engine of the passenger car at high events, and would have repaid money one month after lending money.”
However, in fact, while the Defendant did not have any special property at the time, the Defendant did not have any obligation of KRW 60,000,000 or more and was urged to pay the obligation to the other, and thus, the Defendant did not have any intent or ability to pay the said money even if he borrowed the money from the victim.
Nevertheless, by deceiving D as such, the Defendant received KRW 3,00,000 in cash from the victim and KRW 1,920,000 from the Defendant’s father E bank account.
C. On September 20, 201, the Defendant: (a) at a restaurant located in the Seo-gu, Daegu, Seo-gu, Seo-gu, Seoul, the husband of the victim C, “accident BMW car.”