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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal Records] The defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court on June 29, 2018 and has been sentenced to the same year.
7. The judgment became final and conclusive.
[2017 Highest 5600]
1. On March 2013, 2013, the Defendant told the victim of the D office operated by the victim C in Dongdaemun-gu, Seoul, to the effect that “I would allow the victim to deliver a livelihood to F because I know that I would know E branches well,” and the Defendant told the victim at the above D office around March 25, 2013 to the effect that “I would allow you to deliver a livelihood to F: Provided, That I would lend a livelihood of five million won before it.”
However, in fact, the Defendant did not have the intent or ability to allow the victimized party to deliver the vessel. At the time, the Defendant was only liable for the amount of KRW 140 million, but did not have any particular income or property, and there was no intention or ability to repay the amount even if the victimized party borrowed money from the injured party.
Nevertheless, the Defendant, by deceiving the victim, received KRW 5 million in cash from the victim, that is, from June 22, 2013 to June 22, 2013, had 15 times the total amount of money as indicated in the list of crimes as shown in the attached Table of Crimes, as well as from the time of deceiving the victim and receiving KRW 5 million in cash from the victim to June 22, 2013. Even if the Defendant was funded by the victim, it was thought that it would be used for personal living expenses, etc. even if she was paid with the cost of living, etc., and even if she borrowed money from the victim, she was accused of the victim without the intent or ability to pay her total amount of KRW 5,103,700,000 in cash from the victim for the purpose of street funds, expenses
2. The Defendant, at around March 2013, tried to sell the victim’s D office located in Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government (hereinafter “Seoul Dongdaemun-gu branch office”) to KRW 8 billion by the building owner, since the victim’s “the building price of KRW 15 billion exceeds the market price to the auction.”