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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Criminal facts
On April 10, 2015, the Defendant was sentenced to three years of imprisonment in the Ulsan District Court for fraud, and was released on February 28, 2017 and completed the execution of the sentence on April 23, 2017.
1. Fraud;
A. On March 3, 2017, at the D office located in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant would pay the victim E with money to the victim E, “There is no living cost because it has been released from prison,” and the father was hospitalized in F hospital with her own cancer, and there is no surgery cost.
“A false statement” was made.
However, the father of the defendant did not have been hospitalized in the F Hospital, and the defendant did not have any need for surgery, and the defendant did not have any intent or ability to pay money even if he borrowed money from the injured party by making such false representation in order to provide entertainment expenses, etc. in bad credit conditions at the time.
The defendant deceivings the victim as above and received 3 million won in cash from the victim.
B. On April 13, 2017, the Defendant made a false statement to the above victim, “In short of the father’s hospital expenses,” at the place of the preceding paragraph.
However, the father of the defendant did not have been hospitalized in the F Hospital, and the defendant did not have any need for surgery, and the defendant did not have any intent or ability to pay money even if he borrowed money from the injured party by making such false representation in order to provide entertainment expenses, etc. in bad credit conditions at the time.
The defendant deceivings the victim as above and was given 10 million won in cash on the same day by the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant is a person who has been employed as an employee of “limited liability company D” as the victim.
A. On July 12, 2017, the Defendant is an account in the name of G representative H, which is a waterproof construction company, while keeping two million won as material costs for the said D office rooftop waterproof construction on behalf of the victim at a place set forth in the preceding paragraph.