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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 13, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and the said judgment became final and conclusive on July 18, 201.
1. Around November 2, 2009, the Defendant committed the crime against the victim C made a false statement to the “E” store office operated by the Defendant located in Yeongdeungpo-gu, Young-gu, Gyeonggi-do, that “E” office, the Defendant shall be paid back immediately if the Defendant borrowed the bill to the victim C.
However, in fact, the “E” store where the Defendant had been operating was already accumulated, making it impossible to normally operate the business, and the obligation of the bill or check amount already issued exceeds the Defendant’s ability to repay, and thus, there was no intention or ability to comply with the above promise against the victim.
The Defendant received KRW 7 million from the victim’s new bank account (Account Number:F) in the name of the Defendant from the victim, and received KRW 7 million from the above date and time to April 5, 201, the Defendant received property or acquired property gains in an amount equivalent to KRW 98.2 million in total from the above date and time to April 5, 201, as indicated in the list of crimes in the attached Table.
Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.
2. Around May 20, 2010, the Defendant committed the crime against the victim G made a false statement to the victim G at the “I” office located in the wife population H, Young-si, and the victim G stating that “I will use the money to prevent the lending of money, and I will immediately do so.”
However, in fact, the “E” store where the Defendant had been operating was already accumulated, making it impossible to normally operate the business, and the obligation of the bill or check amount already issued exceeds the Defendant’s ability to repay, and thus, there was no intention or ability to comply with the above promise against the victim.
In other words, the Defendant was transferred from the victim the amount of KRW 11 million to the passbook (Account Number: J) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
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