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The defendant shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months with prison labor for the facts constituting the crime as stated in the judgment.
Reasons
Punishment of the crime
[criminal power] On November 11, 2010, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Daejeon District Court’s Incheon District Court’s Branch, and on November 22, 2010, the judgment became final and conclusive on November 22, 2010, and completed the sentence in the Daejeon Prison on April 2, 2012.
【Criminal Facts】
1. On March 19, 2010, the criminal defendant against the victim C made a false statement to the effect that “Around March 19, 2010, the victim would be able to purchase tobacco, etc. due to the PX access certificate, and if sold tobacco, etc. purchased, a lot of profits would remain.” If the money for funeral services is short of the money, then the victim would have to divide the profits later.”
However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay the principal or profit to the victim by doing funeral services.
Accordingly, around March 19, 2010, the victim received KRW 400,000 from the victim as a loan, and from July 20, 2010, the sum of KRW 46,040,000 was issued over 13 times in total as shown in the crime list (1) as shown in the attached crime list (1).
2. On June 2012, the Defendant made a false statement to the victim D, who was working in the F Company F in ASEAN, as a restaurant employee, that “I would divide the profits later if I would lend money out of the shortage of money that I would like to serve as a funeral, if I would like to lend money to I would like to purchase tobacco, etc. because I would have a PX access certificate of Pyeongtaek-si military unit, and sell tobacco, etc. purchased. I would like to get a lot of profits.”
However, in fact, the defendant did not have a PX access certificate, and even if he borrowed money from the victim, he did not want to pay the above debt, but did not have any intention or ability to pay the principal or profit to the victim by doing funeral.
As above, the defendant deceivings the victim and belongs to it.