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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[criminal records] On September 22, 2016, the Defendant was sentenced to a suspended sentence of three years in the year and six months of imprisonment for fraud in the pure Branch of the Gwangju District Court, and the judgment became final and conclusive on September 30, 2016.
[Criminal facts]
1. On May 2009, the Defendant against the victim C at an infinite location: “Infinite, the Defendant would make the victim C a big amount of the auction-related business that is being conducted in the Jeju District Court’s net support auction, and, if the business fund is required, would make a loan every three months under the name of interest, pay the principal at the request of the victim C.
“.....”
However, in fact, the Defendant intended to borrow money in order to pay other debts without working in the Gwangju District Court’s net support or without obtaining any profit from real estate auction, and thus, the Defendant did not have any intent or ability to pay the money even if he borrowed money from the damaged party.
As of May 12, 2009, the Defendant received 50,000,000 won from the injured party to the Agricultural Cooperative Account (Account Number: D) under the name of the Defendant, and received the total sum of 403,300,000 won from around that time to March 28, 2014, such as (1) in attached Table 16 times, from around that time to March 28, 2014.
Accordingly, the defendant was given property by deceiving the victim.
2. On June 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E at a non-place on the victim E in order to pay the victim 10% of the amount loaned every three months as interest interest if the Plaintiff borrowed the money as the business fund is required.
“.....”
However, in fact, the defendant tried to borrow money in order to pay other debts without working in the Gwangju District Court's net support or not receiving profits from real estate auction.