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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On April 19, 2011, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for larceny, etc. at the District Court of Jung-gu on April 19, 201 and the judgment became final and conclusive on April 27, 201.
1. From April 2008, the Defendant was unable to engage in a monetary transaction under his/her name as a bad credit holder from around April 2008, and was liable for debt amounting to KRW 60 million from his/her natives, and was in the absence of property under the Defendant’s name, and was running Internet game-related business from around March 2010, when business funds and living expenses were insufficient, he/she received money from the victim D, E, F, and G.
1. Fraud against victim D;
A. A. Around April 7, 2010, the Defendant stated, “A business office operated by the victim D in Seongbuk-gu, Seongbuk-gu, Seongbuk-do, Sung-do, that “I business office” means that “the funds are required for game business, the game business profits are more than one million won per month, and when the money is lent, the Defendant would immediately repay the money after making use of only one month with interest.”
However, the Defendant had no property under his own name at the time and had been willing to lend money from the victim as a person of bad credit standing, to use it at will, and there was no intention or ability to make payment after the month because the profits from the game business have not occurred at least one million won per month.
Nevertheless, the Defendant received 4.6 million won from the victim, i.e., J-owned Enterprise Bank Account (K).
In addition, the Defendant received a total of seven times from April 7, 2010 to May 28, 2010, 5750,000 won from the victim, such as the list of crimes (1) as shown in the attached Table of Crimes (1).
B. On May 2010, the Defendant: (a) knew that there was a Ming consortium vehicle in which the victim D lent money to L and received as a security; (b) received the victim’s prompt use; and (c) contacted L with the victim’s sunset; and (d) received the victim’s debt.