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As to the crime No. 1 of the judgment of the defendant, the punishment of imprisonment with prison labor for 10 months and the crime No. 2 through No. 5 of the judgment shall be imposed.
Reasons
Punishment of the crime
On December 30, 2008, the Defendant was sentenced to two years of suspended sentence for fraud at the Daejeon District Court on December 30, 2008, and confirmed on January 7, 2009. On May 4, 2010, the Daejeon District Court sentenced the suspended sentence to two years of imprisonment in May 12, 2010, which became final and conclusive on May 12, 2010. On May 19, 201, the Daejeon District Court sentenced the suspended sentence to two years of suspended sentence for six months of imprisonment for a violation of the Punishment of Tax Evaders Act on May 19, 201. On February 22, 2011, the Defendant was sentenced to two years of suspended sentence for one year and six months of imprisonment with labor at the Seoul District Court on July 23, 2011.
[2013 Highest 7661]
1. On September 10, 2008, the criminal defendant against the victim C received 17,500,000 won from the victim's bank account in the name of the defendant in the name of the defendant in the Seoul Special Metropolitan City from the date of the transfer of the victim to the bank account in the name of the defendant in the name of the defendant in the attached Form No. 149,750,000 won from the day of November 28, 2008, as shown in the attached Table No. 149,750,000 won from the total amount of five times until November 28, 2008.
However, since the defendant became a bad credit holder in around 1998, the defendant suffered economic difficulties by being accused of several times due to embezzlement, fraud, etc. after around 2006 under the condition that he had a debt of KRW 200 million in the amount of KRW 200 million. In addition, in 2007, the defendant provided a clothing service only with other person's capital and performed a considerable amount of liability such as seeing damage of KRW 250,000,000, and therefore, he did not have any intent or ability to pay the huge profits from the proceeds of sale by importing the clothing.
Accordingly, the defendant deceivings the victim as above and obtained 149,750,000 won from the victim and acquired it by fraud.
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