beta
Text
Defendants shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On October 5, 201, Defendant A was sentenced to ten months of imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on October 13, 201. On January 23, 2013, Defendant A was sentenced to six months of imprisonment for a crime of fraud in the Jeonju District Court’s Military Mountain Branch, and the said judgment became final and conclusive on the 24th of the same month.
On October 1, 2010, the Defendant made a false statement to the victim F that “E included two million won in the limit payment, but 20 million won in the time limit,” stating that “The Defendant may withdraw the time limit amount from the time limit amount to seven million won. If five million won is added, the Defendant may withdraw the time limit amount to seven million won.”
In addition, around October 14, 2010, the Defendant made a false statement to the above victim through E, stating that “The time limit for a recovery from the payment of KRW 3 million is KRW 100 million. If 100 million is not made, KRW 5 million will be 5 million.”
However, in fact, the defendant did not operate the system as a leader at the time, and was thought to be used for personal purposes, such as immediately withdrawing it and repaying debts, even if he received money from the victim as a fraternity, and therefore, he did not have any intent or ability to pay the time limit money as agreed upon to the victim.
Around October 11, 2010, the Defendant, by deceiving the victim and deceiving the victim, obtained money from the post office account (Account Number: G) in the name of the Defendant, from the victim, and acquired money of KRW 5 million in total with KRW 3 million in the same account around the 14th day of the same month and KRW 8 million in total from the same account.
B. On October 28, 2010, the Defendant: (a) around October 28, 2010, at a cafeteria located in Mapo-gu Seoul Metropolitan Government, operated the community as a leader via E; (b) provided as if the Defendant included the community payment, the Defendant would pay the community payment without a mold; and (c) on the other hand, the Defendant was deprived the victim H of KRW 50 million of the community payment when E included five million in the community payment.