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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On November 25, 2004, the Defendant was sentenced to five years of imprisonment for habitual fraud at the Daejeon District Court, and on June 8, 2009, the Defendant completed the execution of the sentence at the Cheongju Women’s Prison.
After release from the above prison, the Defendant was aware of C’s relationship with C and C, and the Defendant was aware of C’s birth. The Defendant owned the building equivalent to 7 billion won, and deposited the deposit amount of 700 million won.
1. On September 18, 2009, the Defendant called the victim at a place where it is impossible to identify a place where money is given to him/her, and then lent money to him/her because he/she did not receive a promissory note because he/she did not have the payment date, and thus he/she would receive money from the bank on the payment date of the promissory note two months after lending 40 million won to him/her. The Defendant received 23.7 million won from the damaged agricultural cooperative located in Gwangju-dong, Gyeonggi-do on September 18, 2009 and received 9.7 million won from the damaged bank account in the name of Gwangju-dong on the same day, and received 3.7 million won from the injured party in cash from the said agricultural cooperative on the following day.
The facts are as follows: (a) the Defendant did not have a plan to lend money to a person operating the salary-providing place to return money; and (b) even if there was no particular property or income, there was no intention or ability to repay the money.
Accordingly, the Defendant was given a total of KRW 40 million by deceiving the victim.
2. On November 2009, the Defendant made phone calls to the victim at a place where it is impossible to know the place and received a loan from the victim as security in a false manner to the effect that “I will get the victim to get the loan of the building as security, if I want to get the money to purchase the house to the son of C, 40 million won,” and then, on November 25, 2009, the Defendant was issued a 40 million won check from the national bank located in the Gwangjin-gu, Gyeonggi-gu, Gyeonggi-do on November 25, 2009.
The facts are that the defendant did not have a plan to kill C's children to get home.