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The sentence of "20 Mada944" 1 and 2 shall be six months of imprisonment.
Reasons
Punishment of the crime
On January 24, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in the Southern District Court Branch of the Jeonju District Court, and completed the execution of the sentence in the military prison on July 16, 2017. On July 10, 2018, the Jeonju District Court sentenced six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Jeonju District Court on November 13, 2018, and completed the execution of the sentence in the military prison on January 6, 2019. On January 31, 2020, the judgment became final and conclusive on July 15, 2020.
[200 Highest 944]
1. On September 29, 2017, the Defendant made a false statement to the victim C in the field of op-up tree located in the Jeonbuk-gun B, Jeonbuk-gun on September 29, 2017, stating, “The Defendant will sell the entire quantity of 1,000 pop-up to KRW 21,50,000.”
However, in fact, the defendant was not the owner of the pop-up tree and did not have the authority to dispose of it, so even if he received the purchase price from the victim, he did not have the intent or ability to sell it to the victim.
The Defendant, by deceiving the victim as above, received KRW 5 million in the name of the post office account (Account Number D) in the name of the Defendant from the victim, KRW 5 million in the name of intermediate payment from October 10, 2017 to the same account, and KRW 5.5 million in the name of intermediate payment from October 18, 2017 to the same account from October 18, 2017, respectively, and received KRW 21.5 million in the aggregate from each remittance.
2. On October 2017, 2017, the Defendant: (a) false statement that “The Defendant, by phoneing a victim C at a place where the Defendant was a police officer’s first place on early October 2017, 2017, she would have to repay the card price to the Defendant, with a loan of KRW 3 million.”
However, in fact, the Defendant did not discharge approximately three months and did not have any fixed income or property, while he did not have any personal debt in the amount, so even if he borrowed money from the victim, he did not have any intention or ability to complete the payment.
The defendant.