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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Justice] On November 28, 2008, the Defendant sentenced one year and two months of imprisonment for fraud at the Incheon District Court on November 28, 2008, and completed the execution of the sentence in the Clean Female Prison on August 26, 2009.
【Criminal Facts】
1. Fraud against the victim C;
A. A. On May 30, 201, the Defendant of KRW 27 million falsely stated that “I would pay money to the victim C in the philosophical source operated by the Defendant under the philosophical area D, Ansan-si, Ansan-si, Ansan-si, the Defendant would use the money only for 2-3 months if I know that E is well aware, and would pay the principal and interest, and pay the interest at 10% of each month.”
However, the fact was that the defendant did not have a plan to lend the money received from the victim to another person, and was a plan to use the defendant's existing debt repayment.
Nevertheless, on May 30, 201, the Defendant, by deceiving the victim as above and deceiving the victim from the victim, through a post office account in the name of the Defendant, and 27 million won in total by receiving each remittance of KRW 7 million around June 1, 201.
B. Around July 201, 201, the Defendant of KRW 25 million stated that “A victim C demanded reimbursement of KRW 27 million lent as above from the philosophical center, and that “I would make a payment to 27 million that he/she would be able to receive membership fees from his/her husband and her husband at this philosophical center, who would be able to receive more than KRW 20 million if he/she borrowed 20 million.”
However, in fact, the defendant was planning to use the money received from the victim to pay the existing debt, and the defendant did not have any ability or intent to pay the money to the victim because he did not pay the monthly interest of KRW 80 million,000,000,000 per month due to the debt of KRW 6,000,000,000 as the profit of the four-day business, which was newly launched.
Nevertheless, the defendant deceivings the victim as above.