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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] On February 6, 2020, the Defendant was sentenced to imprisonment of two years and six months for fraud at the Jeonju District Court, and the judgment became final and conclusive on April 9, 2020.
[2019 Highest 1910] On July 5, 2018, the Defendant stated that “A hotel operated by D (former name of the Defendant prior to the opening of the name of the name of the Defendant) would return the insurance money after a month when the E hotel files an application for the insurance money due to a fire” with the victim C through B at a non-place on July 5, 2018.”
However, in fact, although the defendant was to operate the Eel, he was not the nominal owner or the policyholder, insurance money was paid directly to F due to the establishment of a pledge right equivalent to KRW 1.1 billion to F, and around May 2018, insurance money was already paid to F. Insurance money was paid to F due to the repayment of loan and fire, etc., and there was no insurance money that the defendant was entitled to receive, and even if he borrowed money from the victim because there was no particular income, there was no intention or ability to pay it.
Nevertheless, the Defendant, as above, by deceiving the victim, and then deceiving the victim from the victim to the G bank account (H) in the name of the Defendant, obtained KRW 15 million on July 5, 2018, and acquired KRW 29.8 million on July 6, 2018, respectively.
[2019 Highest 2115] Around January 2018, the Defendant made a false statement to the victim J in the Yangcheon-gu Seoul Metropolitan Government I market that “I would be able to get a loan of KRW 60 million to the party. I sent money to the loan-related persons.”
However, even if the defendant received money from the victim, he did not have a plan to be used in contact with the loan-related persons, and was willing to use the living expenses and the defendant's creditor to repay the debt, and even if he received money from the victim, he did not have the intent or ability to receive the money promised by the victim.