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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
1. On September 21, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court. The above judgment became final and conclusive on December 20, 2012.
2. The Defendant had no certain income or special property around October 2008. Rather, the Defendant was in a state of bad credit standing from around 2007 due to the default of taxes equivalent to KRW 20 million in total, due to the delinquency in payment of credit card bills, and the delinquency in payment of credit card bills. Since the Defendant was in a state of guidance, he had no intent or ability to pay a fraternity even if he received a fraternity payment from the victim C, and there was no intent or ability to pay it even if he borrowed money from the victim.
On October 21, 2008, the Defendant made a false statement to the effect that “If the Defendant has subscribed to the 13 foot mold which is equivalent to KRW 10 million, the Defendant would pay the fraternity to the victim” in subparagraph 1019 of Gangnam-gu Seoul Metropolitan Government D 1019, which was used as the time limit, the Defendant would pay the fraternity to the victim at a time, and the victim shall subscribe to the 13 foot mold 13 times on October 21, 2008, and then have the victim join the 140,000 won on the basis of the deposit date from the victim, and 840,000 won on the basis of the deposit date, 820,000 won on April 4, 2008, 110,800,800,000 won on the same month, 70,000 won on the same month, 18,000 won on the same month, 207, 2008.
9. It received KRW 700,000, KRW 600,000 on the 16th of the same month, KRW 480,000 on the 23th of the same month, and KRW 7,710,000 on the 30th of the same month.
(2) On October 22, 2008, the Defendant made a false statement to the effect that “if the Defendant has subscribed to the 13 foot molds equivalent to KRW 12 million, he will pay the fraternity to the prescribed sequence.” The Defendant had the victim join the said 12 unit at a time, and had the victim join the said 12 unit on October 22, 2008, and then had the victim join the said 12 unit on the pretext of the deposit deposit amount from the victim, the amount of KRW 625,000 on October 22, 2008, and KRW 645,000 on November 645, 200 on the same month, and KRW 660,000 on December 12, 199, KRW 675,000 on the same month,00 on the basis of the deposit amount.