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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[criminal records] On September 22, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Daejeon District Court, and completed the execution of the sentence on November 11, 2016 at the Daejeon Prison.
[Criminal facts]
1. On April 20, 2017, the criminal defendant committed fraud in the Hacheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, a police officer around April 2017, to the victim D “The former husband operated the property but the redevelopment compensation amounted to KRW 300 million.
In that sense, there is no compensation for the failure to pay taxes to the Yangcheon-gu Office.
As the amount of KRW 1.2 million is required to release the seizure, it was false to the effect that the seizure will be cancelled if the money is loaned, and the compensation is to be repaid.
However, the defendant did not receive redevelopment compensation, and even if he did not borrow money from the damaged party due to no particular property or income at the time, he did not have the intention or ability to repay it.
On April 20, 2017, the Defendant received KRW 1.2 million from the damaged party to the Saemaul Treasury account (E) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On April 24, 2017, the fraud Defendant: (a) around April 24, 2017, the victim D before the Samsung Bio-resources located in Seocheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, Chungcheongnam-do, need to prevent the value of the card in KRW 2 million.
Although the amount of insurance proceeds has been KRW 500 million due to the death of children, the false statement was made that the amount of insurance proceeds collected was to be repaid.
However, the defendant did not receive insurance money from the insurance company at the time, and even if he did not borrow money from the damaged party due to no particular property or income at the time, he did not have the intention or ability to pay it.
The defendant received 300,000 won from the injured party on the same day in cash, and received 880,000 won from the Saemaul Treasury account (E) in the name of the defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A copy of bankbook;
1. His previous convictions.