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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
[criminal records] On September 24, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence on September 23, 2016 at the Ansan Prison.
[Criminal facts] 2018 Highest 931
1. On February 2017, when the Defendant came to know that there was an attempted amount of money by the victim L, which was known through a police officer at the early February 2017, the Defendant committed fraud against the victim L, by deceiving the victim as if he acted on his behalf, to receive money.
A. On February 3, 2017, the Defendant stated that “In N” coffee shop located on the first floor of a building on which the name of the Nam-gu Incheon Metropolitan City is unknown, the Defendant made a false statement to the victim that “The Defendant is engaged in the collection of claims on his/her behalf, but the Defendant changed the amount of KRW 10 million under the pretext of collection of KRW 235 million for theO’s attempted collection of claims.”
However, the defendant was not engaged in the business related to the collection of claims at the time, and even if he was given KRW 10 million from the injured party, he did not have the intention or ability to collect the attempted amount.
Nevertheless, the defendant deceivings the victim as above and transferred 10 million won on the same day from the victim.
B. On March 14, 2017, the Defendant stated that “Around March 14, 2017, the Defendant changed the victim’s amount of KRW 10 million under the pretext of collecting KRW 50 million for attempted money to be received at a family factory site.”
However, as above, even if the defendant received KRW 10 million from the injured party, he did not have the intent or ability to collect the above attempted amount.
Nevertheless, the Defendant deceivings the victim as above and transferred KRW 10 million to the injured party around March 15, 2017.
2. On February 2017, the criminal defendant against the victim P, in the above coffee shop, the victim P, “if he/she has performed any work related to the loan, and invests the money collected to the victim P, he/she shall receive the interest given by lending the money to another person.