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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On July 12, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Gwangju District Court, and the said judgment became final and conclusive on the 23th of the same month.
【Criminal Facts】
1. On December 30, 2015, the Defendant stated to the effect that “D” stores located in Gwangju Mine-gu Seoul, which the victim B operated, the Defendant received deposits from the victim, who was aware of the fact that “B was working as a police officer, and is owned by the second floor building located in Gwangju Mine-gu F,” and that “I will receive deposits from the victim, who was aware of the owner of the second floor building located in Gwangju Mine-gu F, to be a police officer and the owner of the second floor building located in Gwangju Mine-gu.”
However, the defendant is not a police officer, and the defendant was delegated with the authority to conclude a monthly rent contract from the actual owner of the second floor building located in Gwangju Mine-gu, and is not the owner of the above building, and there was no intention or ability to pay the monthly rent even if he borrowed money from the victim because there was no particular property or income.
By October 7, 2017, the Defendant, by deceiving the victim as above, received 40,00 won in cash from the victim for the same day as the loan borrowed money, and acquired 38,45,120 won in total from the victim through cash or account transfer, etc. by means of the aforementioned method until October 7, 2017, such as the list of crimes in the attached Table (1).
2. On October 1, 2016, the Defendant told the victim B to the effect that “where a credit card is lent, the Defendant will use the card and pay money later.”
However, from this point of view, the Defendant was the owner of the second floor building located in police officers and the Gwangju Mine District F, as stated above, and even if the Defendant borrowed credit cards from the victim because there is no particular property or import.