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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On December 19, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Suwon District Court, which became final and conclusive on April 20, 2020.
【Criminal Facts】
On September 2018, the Defendant stated that “B is a person who operates “C” officetels with the aim of providing real estate consulting and selling land at auction. In investing in a company run within the Republic of Korea, it shall be employed in the accounting and shall be paid a monthly salary of 3.3 million won. In the absence of cash, the Defendant shall be required to make an investment with a credit card. The credit card payment shall be paid at the settlement date of each month, and the credit card shall be repaid twice the principal by March 2019.”
However, in fact, the defendant is a bad credit holder, and there was no intention or ability to carry out business such as real estate consulting or land auction while operating the Dispute Resolution, and there was a tax in arrears equivalent to 32,710,000 won, debt to E equivalent to 323,00,000 won, and there was no property or income other than three parcels of forest land equivalent to 50 million won in total of the officially announced land price. Therefore, the defendant borrowed a credit card from the victim F, even if he received a loan by using it, there was no intention or ability to pay the card price on the settlement date, or to repay the loan.
Ultimately, the Defendant, by deceiving the victim, obtained the G card, H card, and I card under the victim’s name from around October 14, 2018, and did not pay or use the loan amounting to KRW 100,620,570 as indicated in the separate crime list, and thereby acquired property benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness F;
1. Application of Acts and subordinate statutes to advance payment guidance, sales statement by member, and sales statement by member;
1. Article 347(1) of the Criminal Act, which covers the pertinent Article of the Criminal Act and the choice of punishment.