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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[Criminal Power] On September 30, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the District Court of Jung-gu, which became final and conclusive on December 7, 2016.
【Criminal Facts】
around January 2015, the Defendant stated the victim D’s written indictment as “E” in the parking lot of Cbank building in Seocheon-si, Gyeonggi-do, but it is apparent that it is a clerical error, and thus ex officio correction is made.
Along with the fact that “When lending money necessary for the construction cost and the construction cost, it was demanded to lend money to the victim for the construction cost continuously from that time, it was demanded to repay the money to the victim for the construction cost.”
However, in fact, in the absence of any particular property or income, the liabilities, including personal debts of KRW 76.7 million, borne by the victim in 2014, have been accumulated, and in the absence of any other property or income, even if the construction is performed normally and there is no ability to receive the payment, and even if the victim continues to use the money that he/she lends to the loan request in return for the repayment of the obligations accumulated, he/she did not have the intent or ability to
As above, the Defendant, by deceiving the victim as above, received KRW 5,00,000 from the victim as the borrowed money on January 29, 2015, and received KRW 21,686,000 from the time to May 31, 2016, as stated in the list of crimes in the attached Table, by deceiving the victim, and by deceiving him/her as a sum of KRW 21,686,00 as the borrowed money.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each investigation report (the contact between the owner of the building of the building of the Jincheon Construction, the owner of the building of the building of the building of the fire fighting unit of the two countries, the case of F telephone conversations for witnesses
1. The loan certificate, each account transaction (D), credit information inquiry, construction contract, etc. on July 28, 158
1. Previous convictions in judgment: Criminal records, references to criminal records, amounts of dispositions, results of confirmation, and application of Acts and subordinate statutes;