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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2019Gohap742] On July 23, 2015, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Central District Court, and on June 23, 2017, the Daejeon District Court sentenced ten months of imprisonment for a crime of fraud and completed the execution of the sentence on February 21, 2018.
1. On November 11, 2018, the Defendant made a false statement to the effect that “A victim D, who sells a truck to be loaded with a tag attached to the truck off the sideway in Daegu Jung-gu, Daegu-gu, and that “A restaurant manager is in the vicinity of the B, and the president of the restaurant is discussed with the president of the restaurant,” would purchase the tag,” and then, the Defendant moved the truck to the front room, along with the victim, to the lower lower lower-class of the large area in 161, Daegu Northern-gu, Daegu-gu, Daegu-gu, 161, with the victim, and then, the Defendant sent the truck to the trading office and received the goods.” The Defendant made a false statement to the effect that “I will immediately repay the truck to the restaurant if I lend KRW 100,000 in cash to the trading office.”
However, the Defendant was not a restaurant manager, and was thought to flee immediately after receiving KRW 100,000 from the beginning, and thus, the Defendant did not have any intention or ability to complete payment even if he borrowed money from the victim.
As above, the Defendant, as well as the escape from May 6, 2018 to January 9, 2019, by deceiving the victim, received KRW 1,780,000 from the victims on a total of 19 occasions in the following manner: (a) from around May 6, 2018 to around January 9, 2019; and (b) obtained the victim a total of KRW 1,780,00 from the victims.
2. On January 7, 2019, the Defendant attempted to commit fraud: (a) made a false statement to the effect that he/she would purchase the drug from the front line of the FJ in Daejeon-gu, Daejeon-gu, to the victim G who sells the drug on the truck model; and (b) made a false statement to the effect that he/she would return the drug back to the front line of the Daejeon-gu, Daejeon-gu, that he/she would lend KRW 100,000 in cash to the victim G, along with the victim’s room.
However, the Defendant received KRW 100,00 from the beginning.