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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[criminal record] On May 7, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Busan District Court on May 13, 2009, and the judgment became final and conclusive on May 13, 2009, and completed the execution of the sentence in the racing prison on April 30, 2010.
[Criminal facts] The Defendant, while serving as a certified judicial scrivener office, had been performing duties such as personal rehabilitation and bankruptcy
In addition to monthly income of approximately 500-70 million won, in the absence of any property or income, the principal and interest on bonds of the above C, etc. were paid out of money from the bond company C, etc. in a way that the monthly income alone cannot be paid, and the principal and interest on bonds of the above C, etc. were paid out by lending money from the above C, etc., and the principal and interest on bonds of the above C, etc. was about KRW 250 million, and thus, it was no longer able to repay debts in the above way. As the above method, there was an intention to lend money from other persons to pay the existing debts.
1. On January 9, 2013, the criminal defendant against the victim D stated that “The victim D, operated by the victim D in Busan Metropolitan Government Y-gu, was in office in the domestic certified judicial scrivener office, and the victim D paid taxes, etc. to the customers attached by the head of the Tong due to tax delinquency, etc., and cancelled the seizure by paying taxes, etc. on behalf of the clients, and is charged with the amount of the money and the fixed amount.” On the other hand, the defendant borrowed money necessary for the release of the seizure, he/she stated that he/she would pay three-three-three-three-three-three-three-three-three-three-three-three-day interest, and pay the principal with
However, even if the Defendant borrowed money from the victim D, the Defendant did not have any idea to use it to release the seizure of the customer passbook with such money, and was willing to repay the existing debt owed to other creditors, such as C with such money and to pay the principal and interest to the victim D, so even if the Defendant continued to use and repaid the money from the victim D, the Defendant is ultimately able to pay the money in full.