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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 26, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court (Seoul Western District Court) at the Seoul Western District Court, and the judgment became final and conclusive on December 12, 2013.
Around May 20, 2011, the Defendant displayed the truth to the victim C and the victim D, and made a false statement to the effect that “The Defendant would lend KRW 100,000,000 to the E Museum, which is expected to deliver only one of the Republic of Korea. It is expected to deliver this fact to the E Museum, which would be reduced to KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won.”
However, it is true that the defendant offered as security is valuable, and there was no particular property at the time, so even if he borrowed money from the victim, there was no intention or ability to pay it as the promise.
The Defendant, by deceiving the victim, received KRW 100 million as a check from the victim on the same day.
Summary of Evidence
1. Statement made to D by the police;
1. A complaint;
1. In light of the investigation report (Attachment of the judgment of the same type of fraud case as a suspect), the judgment, criminal records [1] The defendant asserts that the infinite of this case has a value of one billion won and is expected to be supplied to the E Museum, but there is no objective material related thereto; ② If the infinite of this case has a value of one billion won, the repayment of 100 million won, which is only 1/10 of the value, would not be difficult; ③ the defendant's written judgment (the name of crime: fraud, fraud, Seoul Western District Court Decision 2013No842, Sep. 26, 2013) is written in the statement that the F Foundation submitted a confirmation document that there was no fact that the defendant had transacted with the defendant on March 20, 2013, it can be sufficiently recognized that the defendant had received money after deceiving the victim by using the infinite of this case).
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.