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A defendant shall be punished by imprisonment for two years.
All applications for a compensation order shall be dismissed.
Reasons
Punishment of the crime
[Criminal Power] On December 7, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court on December 7, 2016 and completed the execution of the sentence at the Suwon Detention House on December 23, 2016.
【Criminal Facts】
"2019 Highest 778"
1. On January 29, 2019, the criminal defendant against C made a false statement to the victim stating that “ despite the fact at the victim’s house located in the Haan-gun, Haan-gun, Haan-gun, the defendant was planned to use the amount received from the victim as personal debt repayment, entertainment expenses, living expenses, etc., or did not have the intent or ability to repay the principal and interest to the victim, the victim shall return the principal after one month, and deposit 2,50,000 won between the 15th day of each month and the 16th day of each month, or between 29 and 31 day of each month, with the victim’s payment of KRW 13,202,80 from the victim’s bank account (G) around January 29, 2019, the defendant received KRW 13,202,800 from the victim to May 18, 2019, the victim acquired the total amount of KRW 100,2308,200 won from the victim.
2. On February 9, 2018, the Defendant against the victim H et al.: (a) on or around February 9, 2018, at the home of the victim H located in Jung-gu in Busan, Busan, the Defendant was planned to use personal debt, entertainment expenses, living expenses, etc. with the amount received from the victim H; and (b) despite the absence of the intent or ability to adjust loans for the installation of solar power facilities, the Defendant may repay the amount of KRW 6,500,000 to the victim H for a lump sum payment of KRW 5,50,000 if he/she paid the loans of KRW 6,50,000 on a ten-year installment payment from the J bank in relation to the installation of solar power generation facilities. (b) The Defendant stated the false statement to the effect that he/she would arrange the loans of KRW 5,500,000 on a lump sum payment from the victim H from February 9, 2018 to February 1, 2019 (attached Form 2).