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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 29, 2012, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Western District Court on September 6, 2012 and the judgment became final and conclusive on September 6, 2012.
Around 22:00 on June 18, 2012, the Defendant stated that “Along with the purchase of goods in Hong Kong, the difference between the sale of goods and the sale of goods remains.” Moreover, the Defendant borrowed the money to purchase goods in Hong Kong, and the number of days in the southwest, and the amount loaned to other persons is KRW 1.50 million. The Defendant borrowed money to other persons in the southwest, which is up to KRW 1.5 billion. The Defendant agreed that “Along with the payment of money, the Defendant borrowed money to pay back to him/her by collecting the attached money if he/she lends it to another person only before he/she paid it.”
However, the Defendant did not have any special property or revenue source, and did not intend to purchase and sell goods with borrowed money from the victim to make profits from the sale, and did not think of all the borrowed money borrowed from the victim as originally borrowed for the purpose of the original loan. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay it.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 2,00,000 from the victim for the same day as the loan money, and received KRW 78,90,000 in total over 12 times from that time to July 27, 2012 as indicated in the list of crimes.
The method of delivering 2,00,000 cash on June 18, 2012 to the victim 1,000 on June 22, 2012, 200,000 cash on June 22, 2012; 4.5,000,000 cash on June 22, 2012; 20,000 cash on June 27, 2012; 20,70,000 cash on June 28, 200 on June 28, 2012; 30,70,000 cash on June 28, 200 on June 20, 201; 20,000 cash on June 1, 200, 207; 30,700,000 cash on June 29, 200, 207; 300,7,2008;