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1. As to the crime No. 1 in the judgment of the defendant, the fine of KRW 5,00,00 shall be imposed on the crime No. 2 in the judgment, and No. 3 in the judgment of the defendant.
Reasons
Punishment of the crime
On January 23, 2015, the defendant was sentenced to a two-year suspended sentence for criminal fraud at the Incheon District Court on April 23, 2015, which became final and conclusive on March 23, 2015, and is currently suspended sentence.
1. The defrauded did not have any intent or ability to complete the payment even if the Defendant borrowed money from the victim C, because the Defendant lives in a soup bank around December 2013 and is on a daily basis, and the monthly income is not specified, and there was no specific property.
Around November 2013, the Defendant was working as the head of the Asiaa Aviation Team for the only victims in the age club, who graduated from the Seo River University, and obtained trust from the victims by making false words, and received 700,000 won from the Defendant’s agricultural bank account in the name of the Defendant on the same day, with the purport that “if the Defendant borrowed KRW 700,000 from the victim at a place where it is impossible to know on December 13, 2013, he/she would receive monthly payment” from the victim by telephone.
B. On May 4, 2014, at a place not known to the Defendant, the Defendant: (a) made a false statement with the victim to the effect that “I would receive monthly payments from D, and at the same time receive money from D, to arrange the relationship with D with D; and (b) obtained pecuniary benefits equivalent to the same amount by remitting KRW 5,075,080 to D’s bank account on the same day.”
C. On December 9, 2014, the Defendant borrowed the Defendant’s deposit money and counsel fee for the victim of the 'Fraud’ from the Incheon Nam-gu Incheon Nam-gu Incheon House, which is located in 30, to pay the Defendant monthly payment.
‘Falsely speaking, 7,500 won was remitted to the account under the name of the Incheon District Court on the same day, and around the 10th of the same month, 550,000 won was remitted to the public defender E in the name of commission, thereby obtaining financial benefits equivalent to the same amount.
Accordingly, the defendant deceivings the victim as above, and defrauds 700,000 won from the victim, and in sum 12,128.