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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Records] On May 25, 2018, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Northern District Court for fraud, and the same year.
6.2 The above judgment was finalized.
[Criminal facts]
1. On January 11, 2012, the Defendant, who committed the crime, made a false statement to the victim D at the Seocho-gu Seoul Metropolitan Government Office of the Dispute Resolution Co., Ltd., which was located in the Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government B4, stating that “The Defendant would proceed with the soil erosion construction in Gangwon-do, Gangwon-do, E, and if so, would have to do so for the soil transport at the said construction site, it is necessary to pay a deposit of KRW 30 million.”
However, in fact, the defendant did not obtain permission to collect earth and stones, and even if he received KRW 30 million from the injured party, he did not have the intention or ability to do the soil transport business.
On January 11, 2012, the Defendant, by deceiving the victim as such, received 30 million won of the check from the injured party as soil transport deposit in the office of the Dispute Resolution Co., Ltd.
2. 2012. 12. 7. 경 범행 피고인은 2012. 12. 초 순경 위와 같은 장소에서 위 피해자 D에게 “ 충주 F 총판권을 땄다, 일을 진행하기 위해서는 2,000만 원이 급하게 필요 하다, 1주일 이내에 갚겠다 ”라고 거짓말을 하였다.
However, in fact, the Defendant did not obtain the total sales right to F, and even if he received KRW 20 million from the injured party, he would have been able to repay other existing obligations, and the Defendant did not have any income, and against this, the Defendant did not have any intention or ability to repay the borrowed amount to the victim, since the amount of the debt exceeds KRW 550 million in total.
On December 7, 2012, the Defendant was issued KRW 20 million to the J bank account (K) in the name of the J bank account (K) operated by the Defendant under the name of the L bank bank account, which was operated by the Defendant from the victim by deceiving the victim as such, and around December 7, 2012.
Summary of Evidence
1. The defendant's legal statement (as at the third public trial date);
1. Each of the defendants;