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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 8, 2006, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul East District Court on April 17, 2007, and the execution of the sentence is terminated on April 17, 2007, and on January 30, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court for the same year.
5. 24. The judgment became final and conclusive, and is currently in the enforcement of the sentence in the Seoul detention center, and the Defendant continued to be in a bad credit position after the business division was in the past in 2005, and around July 2008, the amount of bank loans exceeds three billion won, and there was no particular property, and thus, there was no intention or ability to repay the said amount even if the Defendant borrowed money from the victim C.
1. On July 29, 2008, the Defendant: (a) made a false statement to the victim C and D that “on September 30, 2008, if he/she lends money to him/her due to a shortage of funds for the construction work, he/she shall be repaid until September 30, 2008” before the construction site located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul; (b) received KRW 40 million from the victim as the borrowed money on July 29, 2008; and (c) acquired it by defrauded.
2. On September 18, 2008, the Defendant: (a) made a false statement to the victim C that “I will lease the deposit amount of KRW 10 million to the lower price at the lower price without the right to lease the place for oral cleaning, even though he did not have the right to lease the place for oral cleaning,” and (b) received from the said victim KRW 10 million from the said victim as the deposit for lease on September 18, 2009.
3. On November 2008, the Defendant, at the construction site, made a false statement to the effect that “I will repay money to the above victim within 2-3 days if I want to settle any shortage of funds for the construction work” before the construction site. The Defendant obtained 4.5 million won from the above victim as the borrowed money and obtained it from the above victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C and D;
1. The prosecutor of the defendant;