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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant was sentenced to two years of imprisonment for fraud at the Daegu District Court on April 16, 2009, and was released from the Chang Prison on August 13, 2010, and the parole period passed on November 7, 2010.
[2014 Highest 3357]
1. Fraud against the victim C;
A. From June 2013, 2013, the Defendant of KRW 20 million stated that “The Defendant was a peter victim C, who was pet at an infinite location,” with the head of the finite, would immediately die. Before the death of the finite. However, if the finite level of KRW 2 billion arises, the State will be suspected. To prevent the above suspicion, the Defendant said that “The finite level of KRW 2 billion should have an average balance in the finite bank account, but the Defendant would have received a loan from the bank.”
However, the facts showed that the Defendant did not immediately die, and that there was no certain occupation as well as income from the absence of a certain occupation, and that the victim received a loan from the bank, which was received from the victim, and used the loan as personal living expenses, or used it as gift expenses and gift expenses with the victim, and it was a plan to conduct it as if the victim had a re-power of KRW 00 million.
On July 30, 2013, the Defendant, by deceiving the victim as above, had the victim take out a loan of KRW 20 million at the 1556-1 store located in the 1556-1, Seogu, Daegu-gu, the merchant bank, and on the same day, acquired the above KRW 20 million from the victim under the pretext of increasing the average balance of the victim.
B. On September 16, 2013, the Defendant of KRW 59 million stated in the Eriart located in Chungcheongnam-si, Chungcheongnam-si, Seoul Special Metropolitan City, that “In order to receive KRW 2 billion from D without any doubt of the State, the average balance in the four bank accounts should be high, and thus, the Defendant would receive loans from the bank.” In other words, the Defendant would have the victim.