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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On May 15, 2015, the Defendant was sentenced to four months of imprisonment due to fraud, etc. at the Seoul Southern District Court on September 13, 2015, and the enforcement of the sentence was terminated at the Seoul Southern District Court on September 13, 2015.
"2018 Highest 103"
1. On February 25, 2017, the defrauded presented “a marina operation joint contract” to the victim D at a coffee shop located underground in the part of the building of Yangcheon-gu Seoul Metropolitan Government apartment building on the first floor, Yangcheon-gu Seoul Metropolitan Government, and the Defendant loaned KRW 30 million, which is part of the funds necessary for acquiring the “EM” located on the second underground floor. Of the down payment of KRW 100 million, KRW 50 million is already paid to the transferor.
In addition, to operate the Mat Corper, the Mat Pot Pot Pot Pot Pot Pot Pot Pot Pot Pot Pot Pot Pot Pot Pot Pot po
In the purport that livestock product distributors engaged in activities such as Mae-dong, etc. trust the credit, thereby supplying approximately KRW 200 million to the Defendant without receiving the price for the fixed land, and that the sale of the fixed land by wholesale and retail would bring a substantial benefit to the Defendant. In other words, the injured party would pay the Defendant a loan with the proceeds raised as the sales profit of the fixed land seven days later.
was promised.
However, at the time, the Defendant did not have entered into a specific contract to take over the business of “E”, and there was no specific financial ability to take over the business of “E” or to prepare the sub-lease deposit for the sub-lease part of “E”, and there was no economic ability to take over the business of “EE” or prepare the re-lease deposit for the sub-lease part due to bad credit.
Therefore, even if the defendant borrowed money from the injured party, he did not have the intention or ability to pay the money normally.
Nevertheless, it is not appropriate.