Text
A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[Criminal Power] On January 5, 2015, the Defendant was sentenced to five months of imprisonment for fraud at the Incheon District Court, and the judgment was finalized on March 20, 2015.
[2015 Highest 1105]
1. On June 3, 2010, the Defendant made a false statement to the victim C at the victim E clothes store operated by the victim in Seo-gu Incheon, Seo-gu, Incheon, stating that “There is no money to bring clothes at the factory. If the Defendant borrowed money, he/she would pay interest on the two months and complete payment.”
However, even if the defendant borrowed money from the victim, he was intended to use it for personal debt or purchase of vehicles, and was not intended to use it for purchasing clothes, and there was no intention or ability to return the principal and interest to the victim.
Nevertheless, the Defendant, as mentioned above, obtained KRW 10 million from the victim as the Agricultural Cooperative (G) account in F on the same day, and acquired it by fraud.
2. On August 8, 2010, from around September 2010 to around September 2010, the Defendant made a false call to the victim from the influence to the victim and made a false statement on the part of the victim H, “I purchase the vehicle from the inside, Irrrrrrrrrr, Irrrrrrrrrrr, Irrrrrrre, Irrre, Irrrre, Irrre, Irrre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Ir
However, the Defendant only carried the vehicle using a siren, K7, and franchise vehicle, but did not own it, and was intended to use it for personal debt repayment, etc. even if the Defendant received money from the victim, and did not have the intent or ability to transfer the ownership of the said vehicle to the victim.
Nevertheless, the Defendant, as seen above, received KRW 400,00 from the victim of the said false statement, around August 8, 2010, 400 won from the street in front of the J Hospital located in Seo-gu Incheon, Seo-gu, Incheon. 2) on August 2010, the Defendant received KRW 250,000,00 from the police officer on the ground of the transfer of documents, etc., and around August 3, 2010, in Seo-gu, Incheon.