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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 14, 2013, the defendant was sentenced to imprisonment for three years and six months in the Seoul Central District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which became final and conclusive on December 16, 2013.
1. On March 2010, the criminal defendant against the victim C calls the victim C at a place where it is not known to him/her, and said, “I have to lend money to the victim C so that it is urgently necessary to pay the money, and to pay the money as soon as possible.”
However, the defendant did not have any particular property or income at the time, so even if he borrowed money from the victim, there was no intention or ability to pay it.
Around March 22, 2010, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million to a new bank account in the name of Defendant D; (c) KRW 15 million around April 12, 2010; (d) KRW 4 million around April 22, 2010; (e) KRW 3 million around July 6, 201; and (d) KRW 3 million around February 19, 201; and (e) KRW 1.5 million around September 20, 201 as a loan, respectively.
Accordingly, the defendant deceivings the victim, thereby deceiving 46.5 million won from the victim.
2. Around October 2012, the Defendant against the victim E stated that “A victim E is engaged in redevelopment construction business, which is urgently needed to pay money to the victim at the G car center operated by the victim E in Seongdong-gu Seoul Metropolitan Government.” The Defendant arranged work within one-month and repaid money at the latest within three months with a loan of KRW 20 million.”
However, the defendant did not have any particular property or income at the time, so even if he borrowed money from the victim, there was no intention or ability to pay it.
Around October 24, 2012, the Defendant: (a) by deceiving the victim; and (b) received money from the victim with the name of the new bank account in the name of the Defendant D, KRW 10 million, and KRW 1.8 million from October 26, 2012.
Accordingly, the defendant deceivings the victim, thereby deceiving 11.8 million won from the victim.
Summary of Evidence
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