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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Before February 20, 2013, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a crime of fraud at the Goyang Branch of the Jung-gu District Court on February 20, 2013, and became final and conclusive on February 28, 2013.
2. The Defendant, from August 2010 to June 201, is a person who leased the 10th and 11th floor of the building D, Ansan-si, a member of Ansan-si from August 2010 to June 201, to KRW 200,000,000,000,000,000,000,000 won as a deposit for lease, and operates
On November 25, 2010, the Defendant stated that “The Defendant shall guarantee the right of 60,000,000 won of a security deposit to cosmetic and to return the security deposit upon the termination of the contract period, and shall guarantee 20 cases of currently scheduled marriage and 60 marriage cases in one year, and set up a collateral security right to an apartment under the name of E in which the deposit is returned as security, and there has already been a senior mortgagee in the above apartment.” On March 201, the Defendant said that “The right of 60,000 won of a security deposit is to be created again on other real estate on the same day.”
However, at the time of the fact, there was no promise for 20 marriage forms at the time of the apartment under the name of E, and there was no other right of lease, not only E, but also E, and there was no other real estate to be provided as security to the victim, and since the deposit for the lease of wabur was collected from others, there was no intention or ability to return it even if it was received from the victim, even though it was received 60 million won from others.
Nevertheless, the Defendant received KRW 6 million in cash from the victim, i.e., the victim, who received KRW 34 million on Nov. 26, 2010, and acquired KRW 60 million on Dec. 1, 2010 through a new bank account in the name of the Defendant’s management.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Statement made by a witness H in the third protocol of the trial;
1. A;