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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] On June 9, 201, the Defendant was sentenced to six months of imprisonment for fraud in the Sungnam branch of Suwon branch of Suwon branch of the same year, and completed the execution of the sentence in the Sungdong detention center on November 21 of the same year.
[2] On February 25, 2013, the Defendant: (a) borrowed KRW 100,00,00 from the Defendant to the victim E-cafeteria operated by the victim D in Gwangju City around 22:0 on February 25, 2013; and (b) borrowed KRW 100,000 to the Plaintiff’s house. If the Defendant was operating a vehicle security loan business after the month, he/she would recover the amount loaned.
“A false statement” was made.
However, the defendant did not engage in a vehicle security loan business, and there was no certain occupation, property, or profit-making, and even if he borrowed money from the damaged person due to the debt of KRW 10 million at the time, he did not have the intention or ability to repay it.
As such, the Defendant, from March 23, 2013, by deceiving the victim and receiving KRW 100,000 in cash from the victim for the purpose of borrowing money, obtained a total amount of KRW 2.85,00 won from the time to March 23, 2013, as shown in the List of Crimes 1, and acquired it by fraud.
On January 18, 2013, the Defendant stated that “Around January 18, 2017, the Defendant made a false statement in the restaurant operated by the victim G in F of the Gyeonggi-do, “I have the ability to collect the claim that G C does not receive, and I want to see the cost on behalf of the main body.”
However, even if the defendant receives money from the injured party for the collection of the claims, he did not have the intention or ability to collect the claims of the injured party.
Around January 18, 2013, the Defendant, by deceiving the victim as above, received KRW 8,30,000 from the victim, to the agricultural bank account in the name of the Defendant, from around April 21, 2013, by delivery of KRW 19,93,00,00 as shown in the attached Table 2, from that time.
Summary of Evidence
"2017 Highest 388"
1. Statement by the defendant in court;
1. The police of D. D.