beta
Text
Defendant
A shall be punished by imprisonment with prison labor for ten months.
Innocence not guilty of each fraud against C, who is a master of public action of "2016 Highest 1800".
Reasons
Punishment of the crime
【Defendant A was sentenced to one year and two months of imprisonment for fraud at the Seoul Eastern District Court on April 19, 2012, and six months of imprisonment, and the execution of the sentence was terminated at the Sungdong detention center on November 8, 2012. On January 28, 2016, Defendant A was sentenced to one year of imprisonment for fraud and embezzlement, and this judgment became final and conclusive on May 20, 2016.
【Criminal facts】 2016 Highest 1527】
1. On April 11, 2014, the Defendant called the victim D to purchase at a low price, “on the face of the transfer of money.”
“The purpose of “ was to make a false representation.”
However, even if the defendant receives money from the injured party as the purchase price for the second class of money, he did not have any intention or ability to purchase the second class of money from the injured party.
Nevertheless, on April 11, 2014, the Defendant: (a) by deceiving the victim; (b) received money from the victim to the above account in the name of E as the purchase price for used cars from the victim; and (c) received money of KRW 11 million from the account in the name of E around April 11, 201; and (d) received money of KRW 13 million from the said account
2. On July 3, 2015, around 12:00 on July 3, 2015, the Defendant lent KRW 25 million to the victim F, which is located in the Sungdong-dong, Gangdong-gu, Seoul Metropolitan Government, as security for domestic bonds, to the victim F.
“The purpose of “ was to make a false representation.”
However, in fact, it was not that the defendant had been holding as a collateral, but that he was given a loan to pay 4.5 million won as a monthly loan from H, and since he was given a loan to the beneficiary in advance and repaid the loan to the beneficiary in the form of preventing the return of the name, there was no intention or ability to repay the loan even if he borrowed money from the victim.
Nevertheless, the Defendant deceivings the victim as such, and receives transfer of KRW 25 million in the name of I around that time from the victim.