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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant, on December 3, 2010, by deceiving a number of victims under the pretext of attempting to seek the money, by deceiving them, was sentenced to five years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on May 26, 201, and the judgment became final and conclusive on May 26, 201, and in addition, on July 15, 201, the same court was sentenced to imprisonment with prison labor for 4 months and May 25, 2012 as a crime of fraud in the same court on May 25, 2012, and the judgment became final and conclusive and conclusive.
On April 29, 2009, the Defendant made a false statement to the victim’s office located in Gangnam-gu Seoul building, stating that “The Defendant shall have the right to purchase, USD, and gold bars in the warehouse located in Gyeonggi-gu, and may pay a lot of profits if he/she sells it. (b) If he/she lends KRW 120 million to the victim, he/she shall be repaid within a week.”
However, there was no such right to demand payment, USD, or gold, and even if the defendant borrowed money from the victim, the defendant did not have any intent or ability to pay the money.
The Defendant, as above, by deceiving the victim, was issued 12 copies of the cashier’s checks (the check number E of the Nonghyup Dokdong Branch) in the face of KRW 120 million in the amount of KRW 120 million from the victim’s position.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Each police interrogation protocol against the accused;
1. Statement made to D by the police;
1. A complaint;
1. F's certificate;
1. Cash custody certificate;
1. Provision of each financial transaction information;
1. Answer to each inquiry of financial transaction information;
1. Investigation report (report on telephone conversations between persons for reference);
1. Previous convictions: Criminal records, investigation reports (Attachment of the judgment attached to the same kind of defendant's judgment) and the defendant's defense counsel's assertion shall be determined by the defendant's real right, USD, and gold ingot in the warehouse of Gyeonggi-gu.