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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On May 25, 2016, the Defendant was sentenced to five months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on July 20, 2016.
On September 1, 2014, the Defendant: (a) visited the residence of the victim after becoming aware of the victim B, and (b) helps the victim who is not healthy to the hospital to take care of and receive medical treatment; (c) accumulated friendship and trust with the victim; (d) around September 11, 2014, the Defendant decided to pay the loan principal, and (d) borrowed the victim’s name and purchased Cenz S600 car by borrowing KRW 29,90,000,000 from the Hyundai LAF, the Defendant purchased the victim’s name.
However, as the Defendant was unable to repay the above loan principal on the date of promise, and was urged to pay the loan to the injured party for the transfer of the name of the vehicle and the loan principal, on May 2015, the Defendant made a false statement to the victim at the victim’s residence located in Gun Do Do Do Do Do Do Do Do Do Gun Do Do Do Do Do Do Do Do Do Do Do Do Do Do by changing the loan of modern capital to the low interest rate BNK Do Do Do Do Do
However, even if the Defendant had been working for foreign tourists at the time, but there was almost no import due to the decrease of tourists, and was unable to repay the debt 29 million won borrowed from E without any particular property, and 15 million won borrowed from F, the Defendant did not have any intent or ability to repay the above loan to the victim, even if he did not receive a new loan under the victim’s name.
On May 22, 2015, the defendant deceivings the victim as above and caused the victim to borrow a loan of KRW 40 million from the BNK Capital, and made the defendant repay the loan of KRW 25,511,343 of the loan principle of Hyundai Linag in the Dispute Resolution Co., Ltd. and to transfer the amount of KRW 11 million to the defendant.
As a result, the Defendant obtained property profits in which the obligation corresponding to KRW 25,511,343 is extinguished, and received KRW 11 million.
Summary of Evidence
1. The defendant's oral statement;