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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall pay 5,178,00 won to C who is an applicant for compensation.
Reasons
Punishment of the crime
On May 27, 2008, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and on June 4, 2009, at the Busan District Court, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Busan District Court, and completed the execution of the said sentence on May 30, 2010.
"2013 Highest 1384"
1. Fraud to victims E;
A. On January 27, 2012, the Defendant made a false statement that “Around January 27, 2012, the Defendant would purchase at a low price if he/she sent money to the victim E, who works for a subcontractor of F that works for a subcontractor of F that is going to go to Vietnam, who is going to go to Vietnam.”
However, the defendant was merely a field worker working in Vietnam, so there was no intention or ability to work the victim at the site of Vietnam.
Around January 28, 2012, the Defendant received KRW 580,000 from the victim to the account in the name of the Defendant for purchase of airline tickets, and received KRW 1.2 million from the said account under the same name on February 3, 2012.
B. On February 11, 2012, the Defendant made a false statement to the victim at a port of supply of Kim Sea located in Gangseo-gu, Busan, Seo-do, 2350, Seo-do, 2350, stating, “I would like to purchase a ticket with the money and make a repayment in return, if I would like to purchase the ticket with the money if I would like to make a payment in return.”
However, the defendant did not receive the cost of the construction from Vietnam and did not have any intent or ability to pay the cost even if he borrowed the cost of the construction from the victim.
The Defendant received KRW 2 million from the victim to the one bank account in the name of the Defendant under the name of the Defendant for the purpose of borrowing money.
C. The Defendant around February 12, 2012.