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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 6, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Ulsan District Court on July 14, 2017, and the judgment became final and conclusive on July 14, 2017. On October 18, 2018, the same court was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the same court on October 26, 2018.
【Criminal Facts】
The defendant is the substantial representative of the "B" and the victim C is a person who operates the gas station business in Ulsan-gun, Ulsan-gun.
1. Fraud of loans;
A. On July 11, 2016, the Defendant, who committed the crime of July 11, 2016, phoneed the victim C at a place where his/her address is not known, and made a false statement to the effect that “The director cost should be paid in cash, but the money will be paid immediately if he/she borrowed KRW 5 million.”
However, in fact, the Defendant did not have any ability or intent to repay the debt to the victim even if he borrowed money to the victim, because the Defendant was at least KRW 260,000,000 at that time.
The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative (E) account under the name of the Defendant on the same day.
B. On December 8, 2016, the Defendant committed the crime of December 2016, at a place where his address is unknown and around December 8, 2016, at which the victim’s address is unknown, “G blasting work is conducted in relation to the construction site, and G has the amount of KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,00,00).”
However, in fact, I did not immediately promise the above KRW 60 million to the defendant, but rather promised to blast on behalf of G at the above construction site, if the nameless Dasawsawer, who decided to engage in blasting work on behalf of G, is well good and good, G.