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A defendant shall be punished by imprisonment for two years.
The charge of rape among the facts charged in the instant case is acquitted. The Defendant is liable for compensation.
Reasons
Punishment of the crime
[criminal records] On November 21, 2013, the Defendant was sentenced to a two-month probation of imprisonment for fraud at the Changwon District Court on June 21, 2013; on November 25, 2014, at the Changwon District Court sentenced to four months of imprisonment for fraud, etc.; and on March 5, 2015, the said suspended sentence was invalidated upon the final judgment; on April 7, 2015, the Defendant was sentenced to three months of imprisonment for fraud at the Changwon District Court and completed the execution of the final sentence on June 13, 2016.
[Criminal facts]
1. The Defendant, against the victim B, posted a false statement to the effect that “a high-amount loan is possible” on the Internet E-loan-related car page, and attempted to obtain money from the victim who reported and contacted the above writing by saying that “a person who deposits money necessary for the loan will cause the loan.”
On January 25, 2018, the Defendant: “I swear,” written in the car page “EF” of the victim B, at a non-fluence place;
G I report on the loan-related writing "Iddiable liquor tax", contact the victim Galdi of the victim described therein with the victim, and only 250 million "Iddi" that the defendant had been previously placed in the car page.
After transmitting a notice "to see Contents", the phrase "to make a loan to the amount desired at the time of deposit."
However, even if the defendant received money from the injured party on the name of deposit, he thought that it will be used for personal repayment and living expenses, and there was no intention or ability to pay the money to the injured party.
As such, the Defendant, by deceiving the victim as such, received money from the victim to the H account under the name of the Defendant on January 27, 2018, under the name of the victim, from the victim, the sum of KRW 2,608,000 on the 28th day of the same month, and KRW 2,072,00 on the 29th day of the same month.
2. On September 27, 2017, the criminal defendant against the victim C is the victim C’s Internet E at an infinite area not exceeding Busan, Busan, Busan, on September 27, 2017.