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Defendant
A shall be punished by imprisonment with prison labor for nine months and by imprisonment for eight months.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court on September 4, 2017, and the above judgment was finalized on February 8, 2018, and on July 3, 2018, Defendant A was sentenced to two years of suspended execution and sentenced to two years of suspended execution for a crime of fraud at the Jung-gu District Court on July 4, 2018.
【Criminal Facts】
1. Defendant A’s fraud crime;
A. On November 16, 2016, the Defendant: (a) viewed the victim C (the 62 years of age) as a photograph of the gold department in the front of the Dayang-dong Yyang-dong Park, and (b) decided that “Around November 16, 2016, the Defendant provided that “The president had a large amount of damage to the president, a person who knows has a low curios, and the Defendant paid money and written off the sale of the said money.” That said, the Defendant said that the Defendant would have paid KRW 3 million in the face of the money by dividing the money into one with the party, namely, that he would have paid the payment by the last day of the sale by appraising the curios.”
However, the defendant had no intention or ability to complete the payment to the victim by appraising the above curios.
The Defendant received KRW 3 million from the victim in the name of the post office account (Account Number D) in the name of the Defendant on the same day.
B. On November 25, 2016, the Defendant stated that “The Defendant would receive KRW 300,000 from the E Bank as credit loans from the E Bank, and would transfer KRW 500,000,000,000,000 from the borrowed money to Broker,” at the front parking lot in the Yyangdong-dong, the Defendant called that “The Defendant would lend KRW 50,000,000,000 from the borrowed money.”
However, even if the defendant received money from the victim, he did not have any intention or ability to borrow 50 million won to the victim by using the money for the purpose of obtaining a loan from the bank.
The defendant was given 5 million won from the victim's seat to the victim for the purpose of the street fund.
C. On January 20, 2017, the Defendant: (a) at the front parking lot in the Greenyang-dong, the Defendant: (b) KRW 18,00,000,000,000,000 for the Defendant’s government-oriented apartment provisional contract money.