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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On May 11, 2017, the Defendant was sentenced to two years of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention Center on June 29, 2018.
Around December 18, 2018, the Defendant reported the advertisement that “I wish to arrange a loan as security for machinery” posted on the website of the Internet “B” and falsely stated that “I wish to obtain a loan as security, I would like to arrange a financial institution to receive a loan after undergoing a mechanical evaluation if I would deposit KRW 3.25 million with the appraisal cost.”
However, in fact, the KAB had already closed the business on March 25, 2016 and did not exist. The defendant thought that it will be used for the personal purpose even if he received the appraisal fee from the victim, and did not think that it would be used as the appraisal fee for the appraisal institution for the loan. Therefore, even if he received the money from the victim as the appraisal institution evaluation fee, he did not have the intent or ability to cause the victim to lend the construction machinery as security or to pay the money received from the victim as the appraisal fee.
Nevertheless, the Defendant, as seen above, received KRW 10,80,000 from the victims in total six times as indicated in the separate crime list, including that the Defendant, by deceiving the victims and received KRW 3,250,000 from the post office account (D) in the name of the Defendant, from March 4, 2019 to March 4, 2019.
Accordingly, the defendant was provided property by deceiving the victims.
Around June 11, 2019, the Defendant, “2019 Highest 1096,” reported an advertisement to the victim E, who called “to arrange a loan as security for machinery” posted on the website of “B” in the Internet Dispute Resolution Co., Ltd., and made such contact, is able to offer a security loan for machinery, and the appraisal cost is required.
cost of assessment 4,150,000.