Text
A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[criminal records] On June 16, 2016, the Defendant appealed from the Seoul Northern District Court for three years of imprisonment for fraud and is currently pending in the court of appeal.
[2] On February 25, 2014, the Defendant: (a) around February 25, 2014, in the “P” located in Jongno-gu Seoul Metropolitan Government Organization, “P” the victim Q Q to operate the precious metal sales store; (b) is required to have experience in operating the precious metal first to secure customers; and (c) sells Amond on credit and pay the price.
The phrase “ makes a false statement.”
However, in fact, even if the Montreal was supplied by the injured party, it was sold to the wholesaler, etc. without selling it normally, and used it in sports discussions, etc., and it continued to prevent the return of a part of the money by continuously providing the money by means of cashing or borrowing from the injured party or other persons, and therefore, it did not have the intention or ability to properly repay the Montreal price or the principal and interest of the loan.
As such, the Defendant: (a) by deceiving the victim; and (b) obtained the delivery of f/SI1, 1.02 Momond one at the market price of 6.3 million won on the same day from the victim; (c) and (d) obtained a total of 134 times from around that time to March 29, 2015 or obtained a loan of money from the victim in the same manner as indicated in the attached list of crimes; and (d) obtained a total of 72,8120,00 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for the victim Q Q;
1. Each investigation report (the sequence 16, 18, 22, 23, 25 of the evidence list);
1. Details of deposits and withdrawals from each account (a list of evidence Nos. 2, 3);
1. Previous conviction: Application of a written inquiry about criminal history and investigation report (the result of the instant search)-related Acts and subordinate statutes;
1. The reason for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;
1. The scope of punishment by law: Imprisonment for three years;