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In the case of crimes No. 3 and 9 of the judgment of the defendant, two years of imprisonment, respectively, shall be punished by imprisonment with prison labor for the crimes No. 1, 2, 4, or 8 of the judgment.
Reasons
Punishment of the crime
[Ex post facto concurrent crimes] On October 31, 2013, the Defendant was sentenced to a suspended sentence of two years for the six months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on November 8, 2013.
[Criminal facts]
1. The Defendant 2017 Highest 929 is a person who had worked as the head of the sales office in D Co., Ltd. located in Bupyeong-gu Incheon from March 2, 2013 to June 2016.
On June 23, 2016, the Defendant, from the F New Loan Office located in E in Gyeonggi-si on June 23, 2016, to the victim G by telephone, “BD D’s vice head. Of the loan buyers newly built in our company, there are customers who are unable to pay the balance because it is difficult to obtain a loan from the first financial right, and thereby, if the customer invests money to be lent to the customer, the customer will return the money borrowed to the customer by adding the profit to the principal of the investment after 1 to 2 weeks.
The phrase “ makes a false statement.”
However, at that time, the Defendant had already decided to withdraw from D, and even if receiving an investment from the injured party, it was thought that he would use it as his own cost of living or receive the money from the same recipient, and there was no intention or ability to return the money to the injured party with the profit attached to the investment money.
Nevertheless, the Defendant: (a) by deceiving the victim; (b) received KRW 6 million on the same day from the victim to the post office account (H) in the name of the Defendant; (c) KRW 10 million on June 24, 2016; and (d) KRW 20 million on June 27, 2016; (b) KRW 5 million on July 1, 2016; (c) KRW 10 million on July 4, 2016; (d) KRW 30 million on July 8, 2016; and (e) KRW 5 million on July 9, 2016; and (e) KRW 6 million on July 250, 2016; and (e) KRW 5 million on July 10, 2016, respectively.
Accordingly, the defendant deceivings the victim and defrauds 86 million won in total.
2. On December 29, 2016, Defendant 2017, J real estate located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around December 29, 2016, Defendant 201: “I live at present among customers, whose sales have been completed in order to sell a new house by means of internal loan.”