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A defendant shall be punished by imprisonment for two years.
The defendant pays 106,070,000 won to the applicant through fraud.
Reasons
Punishment of the crime
On February 14, 2013, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Daegu District Court, and the execution of the sentence was terminated on June 22, 2014. On October 26, 2017, the Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Seoul Central District Court, and the judgment became final and conclusive on November 3, 2017.
"2017 Highest 7861"
1. On June 27, 2015, the Defendant: (a) at a non-permanent restaurant located in the new-dong-gu, Daegu-dong-dong; (b) on approximately two years ago, the Victim D operated an Internet private sports soil analysis site; and (c) there is insufficient operating funds.
A false statement was made to the effect that a loan of KRW 20 million will add 10% interest to the principal within two months.
However, at the time, the defendant did not operate the Internet private sports climate analysis site, and even if he borrowed money from the damaged party due to no special revenue or property at the time, he did not have the intent or ability to pay the money.
As above, the Defendant: (a) by deceiving the victim on June 27, 2015 from the victim; (b) obtained KRW 5 million from the E bank account under the name of the Defendant on June 30, 2015; (c) KRW 3 million from the above account on June 30, 2015; (d) KRW 5 million from the above account on July 2, 2015; and (e) KRW 17 million from the above account on July 7, 2015; and (e) acquired the money by transfer.
2. On February 27, 2016, the Defendant: (a) the Victim C, who was aware of the instant case through the Internet club 10 years prior to the 10-year period, left the victim C with a lot of profits through the Internet private sports discussions site.
If 100 million won is invested, the amount of KRW 10 million from 10 million per month to 20 million shall be the profit-making.
From May 2016 to the effect that “the test to reduce profits and investment damage” was false, the Defendant presented a statement of the entry and departure made out of the X-cell file with the materials that the Defendant received as profits and the record of the entry and departure made out of the X-cell file.
However, in fact, the defendant does not operate the Internet private sports discussions site or gain profits therefrom, and at the time.