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1. As to the crime No. 1-A of the judgment of the defendant A, the crime No. 1 to No. 4 of the crime inundation No. 1,000.
Reasons
Punishment of the crime
1. On September 23, 2016, Defendant A was sentenced to three months of imprisonment with prison labor and one month of imprisonment with prison labor at the Seoul Southern District Court on September 23, 2016, and the said judgment became final and conclusive on November 18, 2016.
[Criminal Facts]
A. The Defendant commits the crime of defraudation 3.5 million won under the name of the borrowed money, is operating a trade company that supplies cosmetics to duty-free shops in the name of “E” in Gangnam-gu Seoul as the representative director, who was a party to the victim AG by telephone at a place where it is difficult to know the place on September 1, 2016.
It is necessary to lend one million won to the lack of the freight truck's logistics cost and pay it by the day of the week.
“Falsely speaking, it received KRW 1 million from the injured party to the Saemaul Treasury’s account (Account Number V) opened in the name of the Defendant or AC on the same day from the injured party and received KRW 3.5 million in total from that time to December 6, 2016, as shown in attached Table 1 of the List of Crimes.
However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.
Accordingly, the defendant got 3.5 million won by deceiving the victim.
B. On December 9, 2016, the Defendant who acquired money by deception 19 million won in the name of the borrowed money shall repay the above victim AG to the above victim AG by including the borrowed money 19 million won, which is held in the new cooperative account in order to use the domestic business fund and the cost of living.
“A false statement was obtained from the injured party with the victim’s credit account (Account AI) and passwords in the victim’s name containing 19 million won at the same time.
However, the defendant did not have any intent or ability to repay the above even if he borrowed money from the victim.
Accordingly, the defendant, by deceiving the victim, acquired money of 19 million won.
2. The Defendant AE is a victim through the Defendant A, who made a family-friendly appearance on October 2016.