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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant pays 100,640,000 won to the applicant for compensation by fraud.
Reasons
Punishment of the crime
From the end of 2016, the Defendant had been paying KRW 600,000 each month in accordance with the individual rehabilitation procedure. Since then, from the end of 2016, the Defendant had continuously borne KRW 40,000,000 with financial rights obligations, and continued to play Internet gambling. Even if having borrowed money from another person, the Defendant did not have any intent or ability to repay the money due to having used the money for gambling money or other obligations.
1. On February 26, 2018, the defrauded of the Victim C, the Defendant: (a) falsely speaked to the effect that “the victim, who was aware of the fact at the coffee shop in the early Spoon Kim Jong-poon, was “not sufficient money to purchase and sell automobile parts, etc.; (b) would pay interest rate of 6% of the sales proceeds if he/she borrowed money; and (c) would repay the principal if he/she talks before two months in advance; and (d) received KRW 5,00,000 from the Defendant’s account in the name of the Defendant around February 26, 2018, from that time, from that time to April 30, 2018, he/she acquired KRW 20,000 in total on four occasions by means as described in the attached Table 1 of Crimes List from that time.
2. On March 27, 2018, the criminal defendant against the victim D calls to the victim who was aware of his/her reputation and received KRW 20,211,200,00 from the date of the following month to the E account in the name of the defendant's seat on the same day as the loan money, and then acquired KRW 20,211,200 in total on 31 occasions from November 9, 2018 by means as described in the attached Table 2, from that time, the defendant received money from the victim to the E account in the name of the defendant's seat on the same day.
3. On June 6, 2018, the Defendant, against the victim B, was raising money to the victim, who was known to ordinary people around ordinary times, as F text messages, for “the purchase and sale of motor vehicle parts, etc.”.
The interest of 8% shall be paid on the loan of money.