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A defendant shall be punished by imprisonment for not less than three years and six months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[criminal power] On June 17, 2009, the Defendant was sentenced to three years of imprisonment with prison labor and ten months of imprisonment with prison labor for a crime of fraud, etc. at the Suwon District Court Suwon District Court members, and on August 11, 2011, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of fraud in the Daegu District Court’s sex support and completed the execution of the sentence in the military prison on May 16, 2013.
【Criminal Facts】
1. On May 13, 2015, the criminal defendant against the victim B calls to the victim B to the effect that “The victim B shall be awarded a successful bid for E apartment at KRW 89,437,50,00, while the appraisal of the relevant goods is KRW 212,00,000, but at KRW 89,437,50, 300, the price of which was reflected three times.”
However, in fact, the Defendant did not have any intention or ability to receive the bid price even if he was paid the auction price because he was considered to use it for the repayment of personal debt and the repayment of gambling debt even if he was paid the auction price.
Ultimately, the Defendant, by deceiving the victim as above, was exempted from the Defendant’s liability of KRW 31 million by promising to use the Defendant borrowed KRW 31 million from the victim as the successful bid price. On May 15, 2015, the Defendant received KRW 58,437,500 under the name of the Defendant’s G Bank account (Account Number H) in the form of E apartment bidding bid price, and acquired a total of KRW 89,437,500 in property interest of KRW 89,437,50 in the form of E apartment bid. From this point to November 24, 2016, the Defendant deceptioned the victim seven times in total, as shown in the attached Table 1 of Crimes List 201, and then acquired property interest of KRW 377,141,500 from the victim.
2. Fraud against victim I;
A. On June 2018, the Defendant entered into the auction proceeds with K in Pyeongtaek-si J in the early 2018.