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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2015 Highest 120]
1. Around September 10, 2012, the Defendant made a false statement to the victim F in the E office that “I would have a single-feasible apartment at an auction” to the victim F.
However, in fact, the defendant did not have the intent or ability to get the above apartment at auction to the victim, and it was thought that he had already used the money that he had received from the victim at least KRW 1.2 billion for personal debt repayment, etc.
Nevertheless, the Defendant received KRW 22.4 million from the victim to the account of community credit cooperatives (Serial number) in the name of the Defendant on the same day as the proceeds of auction.
2. Around September 13, 2012, the Defendant made a false statement to the victim that “The father of the Plaintiff would immediately complete payment, if he/she lends money to the Plaintiff, in the place specified in paragraph (1).”
However, in fact, the defendant thought that he will use the above borrowed money in the repayment of his personal debt above 1.2 billion won, and there was no intention or ability to repay the borrowed money.
Nevertheless, the Defendant received KRW 5 million from the victim to the bank account in the name of H, the same day as that of the Defendant’s living together on the same day.
Accordingly, the defendant deceivings the victim and defrauds the victim a total of KRW 27.4 million over twice.
[2015 Height865]
1. Fraud;
A. On July 22, 2010, the Defendant concluded that, within the “J” office operated by the Defendant located in Guro-gu Seoul Metropolitan Government, the Defendant sent down payment, etc. of land down payment, etc. for the construction of commercial buildings to the Plaintiff K of the victim K.
However, the fact was that a considerable number of union members did not pay the down payment, etc., and the operation of the business promoted by the association was supported, and even if the Defendant received the down payment from the victim, he did not intend to pay the down payment as land.
The defendant belongs to this.