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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 24, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Daegu District Court. On July 11, 2016, the Defendant completed the execution of the sentence in the Daegu Prison.
Criminal facts
1. On December 2016, the Defendant, who committed joint criminal conduct with B, made a false statement that he/she would establish a medical care center and a funeral hall in his/her Seocho-do, and was willing to acquire money when the medical care center and a funeral hall are completed, and he/she was willing to acquire money. B introduced the victim C who could hear the horses of the Defendant and lend his/her business funds to the Defendant, and solicited the Defendant to use money borrowed from the Defendant in installments.
The Defendant and B of the crime committed on December 8, 2016 are underground of the E Hospital located in Daegu-gu, Daegu-gu around December 8, 2016.
In the room, “A has purchased a site to establish a medical care center and a funeral hall in the Yongcheon Hocheon-gu area, and the medical care center and a funeral restaurant are scheduled in spring in 2017. However, in order to establish a medical care center and a funeral hall, it is necessary to obtain a loan of KRW 30 billion from the village credit cooperative in Seoul. If the expenses incurred in receiving the loan are lent, it is necessary to repay the loan three months after the loan. Moreover, upon the completion of the medical care center and the funeral hall, the medical care center and the funeral hall, they would be able to install 24 parts of their own equipment and operate their own equipment for 10 years.”
However, in fact, the Defendant did not have purchased a site for medical care center and funeral hall, and was in a bad credit position without any specific property and income, so even if she borrowed money from the victim, it did not have the intent or ability to repay it within three months. Even if she borrowed money from the victim, she tried to use 2.5 million won from the beginning for other purposes, such as dental treatment B, and she borrowed money from the victim because she had a debt of KRW 100 million without any particular property and income.