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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 12, 2010, the Defendant was sentenced to imprisonment with prison labor in the Jeonju District Court for fraud, etc. and completed the execution of the sentence in the Jeonju prison on August 27, 201.
1. On September 5, 201, the Defendant made a false statement to the victim D, the wife of the former correctional institution, who was aware of his/her trade name near the Daegu Eastern District, that he/she would be able to purchase the land whenever he/she purchased the land and transferred it to another person, at a coffee shop, that “The Defendant would make payment by February 28, 2012, whenever he/she purchased the land.”
However, even if the victim borrows money from the victim for the purpose of purchasing the above land, it was expected that most of the funds except KRW 10 million used as the down payment for the purchase of the land will be used for other personal purposes, such as the Defendant’s oil store operation funds, and even if the funds were borrowed from the victim for the purchase of the land, there was no intention or ability to repay the borrowed money to the victim by using the funds for the purchase of the land.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 20 million from the victim to the national bank account under the name of the Defendant around September 5, 201; (c) KRW 1.5 million around September 7, 201; (d) KRW 1.5 million around September 19, 201; (c) KRW 1 million around September 28, 201; (d) KRW 3 million around September 30, 201; and (e) KRW 1 million around October 10, 201; and (e) received KRW 50 million around October 12, 201; and (e) KRW 300,000,000 from the victim around October 20, 201; and (e) KRW 1.1 million around October 24, 2011; and (e) received KRW 1.1 million around October 14, 2011;
2. On January 23, 2013, the Defendant: (a) succeeded to the existing obligation of the “F” stations and resting places located in E at the time of the budget on January 23, 2013; (b) purchased KRW 670 million.