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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On May 6, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Western District Court on July 31, 2015 and written indictment on July 29, 2015 is obvious that the Defendant is a clerical error.
(3) The above judgment became final and conclusive.
1. Fraud (the crime of July 6, 2010) was proposed on May 2010, to the victim E, who was a fraudulent victim of D, who was in de facto marital relationship, at the time in Eunpyeong-gu Seoul, 202, after the police officer around May 2010, the Defendant expressed that “Isk's house living together is too narrow and does not slick because there is a house newly purchased (Seoul Eunpyeong-gu F, 202). As there is a house newly purchased (Seoul Eunpyeong-gu F, 202), the Defendant is living with only the key money for the lease on a deposit basis of the house in which the width Skn's house is living. It is a clean house without a mortgage.”
However, on July 6, 2010, the Defendant, at the time of demanding the victim to rent a house, received a loan from a financial institution for the repayment of a debt to another debtor, and received a loan from the Net Winter Credit Union, which received the remainder of the lease deposit from the victim, and set up a collateral security amount of KRW 210 million with the maximum debt amount on the house as security.
As above, the Defendant, by deceiving the victim as above, received 6 million won in total, around June 11, 2010 and around July 6, 2010, 70 million won in total, including 63 million won, from the victim as the deposit for lease on a deposit basis for the said house.
2. On December 201, the Defendant asked the victim to borrow money in the “H” restaurant operated by himself/herself in Eunpyeong-gu Seoul (hereinafter “H”) on the ground that the Defendant: “Along with the loan of KRW 200 million, KRW 5 million per month, and KRW 7 million per month, if a loan of KRW 250 million is made, the Defendant will pay KRW 7 million per month as principal and interest.”
However, at the time, the defendant's financial obligation is about KRW 1 billion.