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A defendant shall be punished by imprisonment for two years.
Reasons
Criminal facts
The defendant of "2017 Highest 2871" was sentenced to imprisonment for eight months at the Ulsan District Court on June 16, 2016 and the above judgment became final and conclusive on January 20, 2017.
1. Fraud against victim D;
A. On April 20, 2015, the Defendant, in the name of employment broker, called the victim at a Buddhist area not exceeding Ulsan (U.S.) and sent him/her a job with two deceptive persons and one son, who was well aware of the employees of the Busan Port Trade Union and entered one son, and E with money. Accordingly, the Defendant would give him/her an employment of KRW 50 million to the Busan Port Trade Union.
“A false statement” was made.
However, even if the defendant received money from the injured party, he did not have the intent and ability to work the injured party's children to the Busan Port Trade Union.
Around April 22, 2015, the Defendant, by deceiving the victim, received money from the victim, to transfer KRW 15 million in total, and KRW 35 million in total, around April 29, 2015.
B. On June 2015, the defrauded of the borrowed money: (a) the Defendant calls to the victim at the end of Ulsan Metropolitan City (hereinafter referred to as “Ulsan”); and (b) would resolve the tax problem if the head of the Tong was attached as a tax issue; and (c) would repay it after three days.
“A false statement” was made.
However, even if the Defendant borrowed money from the victim as above, it was thought that it will be used as the Macar system security and gambling fund, and it was not intended to use it as the expense for cancellation of seizure of the passbook, and there was no intention or ability to repay it due to the lack of assets under the name of the Defendant.
The Defendant, by deceiving the victim as above, received the money from the victim to the Agricultural Cooperative Account under the name of the Defendant around the 25th of the same month, and acquired the money in total of KRW 23.5 million around the 30th of the same month, and KRW 13.5 million around the 30th of the same month.
2. Fraud against victim F;
A. On May 15, 2015, the Defendant was the victim at the “H” singing practice place located in Yangsan-si G around May 15, 2015.