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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On June 20, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Jeonju District Court, and a fine of KRW 50 million, and completed the execution of the sentence at the Jeonju Prison on May 23, 2013.
[Criminal facts]
1. Fraud;
A. 1 Fraud against the victim C) The fraud of the purchase price of a vehicle by the Defendant is the victim C at the E’s office located in Gwangju Metropolitan City D on June 19, 2014.
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In fact, however, the above car did not have the intention or ability to sell the vehicle to the victim with the vehicle leased by the defendant from (NG)G.
The Defendant, as such, deceiving the victim and deceiving the victim to the Agricultural Cooperative Account under H, with the name of the victim, KRW 25 million on the same day as the vehicle price, and the same year.
8.1. 5 million won was remitted.
Accordingly, the defendant was given property by deceiving the victim.
2) On September 1, 2015, after delivery of the said vehicle to the victim, the Defendant was off the phone to the victim on September 1, 2015, when he did not transfer the ownership of the said vehicle, and “on the face of lending KRW 1,350,000 to urgently needed for the said money, the Defendant will soon move the name of the vehicle.
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However, due to the above circumstances, there was no intention or ability to transfer the name of the vehicle, and there was no intention or ability to repay the borrowed amount due to the debt exceeding KRW 100 million at the time.
The Defendant, as such, by deceiving the victim, was transferred KRW 13,50,000 to the account of North Bank prior to the same day from the victim, under the name of the victim.
B. On July 3, 2014, the defrauded of the borrowed money 1) The Defendant is expected to borrow the borrowed money from the victim J, which is operated by the victim J, located in Yong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on July 3, 2014, “The Defendant is expected to operate a restaurant in Daegu, but the amount of the commercial lease deposit is leased KRW 25 million and repaid.
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However, the defendant exceeds KRW 100 million at the time of fact.