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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal record] On September 22, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court and two years of suspended execution, and the above judgment became final and conclusive on September 30, 2017.
[2] The Defendant, on February 23, 2015, operated the entertainment planning company “D” on the 3, 4, and 5th floor of the Gangnam-gu Seoul Metropolitan Government C building from around February 23, 2015, and the victim E was a practice student of the music practice room “H” on the first floor of the Gu office located in Seoul F, where the Defendant had previously worked.
On February 9, 2015, the Defendant, at the above “H” music practice room, needs to pay money to the victim for a new entertainment planner.
The Do Governor shall pay all other assets within three months even if he/she does not pay or pay the start-up funds with the support of the start-up funds within two months from the Do Governor.
“A false representation was made.”
However, in fact, the defendant did not have any property or income and did not borrow money due to the lack of funds for the operation of the above entertainment planning company, and the company established for less than three months did not have any intent or ability to repay money within two months even if it was unable to receive the government's start-up funds and borrowed money from the damaged party.
Nevertheless, on February 13, 2015, the defendant deceivings the victim as above and caused the victim to borrow 16,341,000 won in total over 13 times as shown in the annexed crime list from May 13, 2015, by allowing the defendant to borrow 16,00 million won from the Hyundai Capital Capital through the nameless loan broker introduced by the defendant in the vicinity of the Namdong-dong, Chungcheongnam-gu, Gwangju. In addition, the defendant acquired 56,341,00 won from May 13, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A copy of Hyundai Capital Loan Certificates, a copy of a statement of use of cards, details of account transactions with a victim's national bank, a transfer slips, and the current status of personal card transactions;