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The crime of the 2019 order403 of the judgment of the defendant shall be punished by imprisonment with prison labor for eight months, and the crime of the 2019 order7358 of the judgment.
Reasons
Punishment of the crime
[Criminal Power] On August 17, 2017, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud in the Suwon District Court’s Ansan Branch on the 25th of the same month. The judgment became final and conclusive on July 24, 2018, and was sentenced to the suspension of the execution of two years of imprisonment for embezzlement, etc. on July 24, 2018.
8.1. The judgment became final and conclusive.
【Criminal Facts】
The Defendant introduced on July 2012, 2012 that he/she was aware of the Victim B and was working for the collection of claims against his/her malicious debtor on July 2, 2012, and received KRW 3720,000 from the victim to the E-enterprise bank account in the name of the Defendant (attached Form 1), and received KRW 57,00,000 from the victim for total loans from July 25, 2015, 200 to July 25, 2015, when he/she became aware of the fact that he/she was working for the collection of claims from his/her malicious debtor.
However, at the time, the Defendant did not have any particular property, and there was no certain income, and some of the funds borrowed from the victim did not appear to be used for the Defendant’s personal purpose, such as the Defendant’s repayment of the existing loan or living expenses, and even if the Defendant took part of the funds borrowed from the victim to the above C, it cannot be paid the borrowed money to the victim according to the promise even if the Defendant took out some of the funds borrowed from the victim, and thus, the Defendant was obliged to repay the borrowed money to the victim by means of lending money again from other persons than the victim, so even if he borrowed money from the victim, there was no intention or ability to pay the borrowed money in full as agreed.