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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Justice] On February 7, 2020, the Defendant was sentenced to imprisonment with prison labor for fraud at the Suwon District Court on February 7, 2020, and the judgment became final and conclusive on April 10, 2020.
【Criminal Facts】
1. On September 19, 2018, the Defendant committed the crime against the victim B, at the Hanam-si C building and the office of E in subparagraph d, saying, “The victim B may be admitted into the Hanam-si F, and if the F continues to pay monthly rent after leasing a building for its business registration, the F may obtain a right to sell the building when the F becomes final and conclusive as the development district, and the F may obtain a big benefit from selling the building by being aground and being aground. 50 million won in Jeju-si, the Defendant would lease an adequate building and manage the building until the development is made, after paying the monthly development.”
However, in fact, the Defendant had no particular property at the time, and due to unreasonable investment in stocks to “H” companies, it was thought that it would be used to pay for the existing debt even if the Defendant received money from the victim, and there was no intention or ability to pay a monthly tax until the development was finalized by leasing the building.
On September 20, 2018, the Defendant: (a) by deceiving the victim; (b) obtained money from the victim for KRW 10 million and KRW 20 million with the account in I’s name on September 20, 2018; (c) around October 1, 2018; and (d) obtained money for KRW 50 million with a total of KRW 15 million from January 28, 2019; and (c) obtained money from the victim for lease and monthly rent.
2. On February 2019, the Defendant committed the crime against the victim J, the Defendant, within the “L” restaurant operated by the victim J in Hanam-si, Gyeonggi-do. However, when the Defendant leased a building to the F and continues to pay monthly rent to the Hanam-si F, the Defendant would be able to obtain the right to sell the building when it became final and conclusive as the development district. The Defendant would be able to obtain the larger benefit from selling the building by being aground.